Audit report of the Grand River Dam Authority : for the period July 1, 2003 through March 31, 2011.

PERFORMANCE AUDIT
Grand River Dam Authority
For the period July 1, 2003 through March 31, 2011
Oklahoma State
Auditor & Inspector
Gary A. Jones, CPA, CFE
Independently serving the citizens of Oklahoma by promoting the
accountability and fiscal integrity of governmental funds.This publication, issued by the Oklahoma State Auditor and Inspector’s Office as authorized by 74 O.S. § 213.2.B,
has not been printed, but is available on the agency’s website (www.sai.ok.gov) and in the Oklahoma Department of
Libraries Publications Clearinghouse Digital Collection, pursuant to 74 O.S. § 3105.B.
Audit Report of the
Grand River Dam Authority
For the Period
July 1, 2003 through March 31, 2011
December 8, 2011
TO THE HONORABLE MARY FALLIN, GOVERNOR OF OKLAHOMA
This is the audit report of the Grand River Dam Authority for the period July 1, 2003 through March 31, 2011. The goal of the State Auditor and Inspector is to promote accountability and fiscal integrity in state and local government. Maintaining our independence as we provide this service to the taxpayers of Oklahoma is of utmost importance.
We wish to take this opportunity to express our appreciation for the assistance and cooperation extended to our office during our engagement.
Sincerely,
GARY A. JONES, CPA, CFE
OKLAHOMA STATE AUDITOR & INSPECTOR This audit was conducted at the request of the governor in accordance with 74 O.S. § 213.2.B. The audit period covered was July 1, 2003 through March 31, 2011 unless noted otherwise in the body of the report. The objectives of the audit were to:
1) Determine whether executive management’s and the board of directors’ actions have been consistent with the statutory mission of the GRDA.
2) Determine whether the current structure of the GRDA is in the best interest of Oklahoma.
What the Oklahoma State Auditor and Inspector Found
 Employee survey results and interviews revealed a volatile environment increasing GRDA’s exposure to fraud, waste, and abuse. – page 5;
 Sporadic attendance at board meetings by the Board of Directors (Board) could hinder their ability to properly and effectively make decisions that are in the best interest of GRDA’s mission and for the State of Oklahoma. – page 5;
 Since 2004, internal policies have been created and modified, and administrative rules have been filed. However, not all policies have been presented to the Board for review and approval, which could hinder their ability to properly and effectively make decisions that are in the best interest of GRDA’s mission. – page 7;
 Credit ratings have improved since 2004 due to increased rates, new long term contracts, improved debt service coverage and diversification of resources. GRDA’s credit rating is just below the median rating of its peers. – page 9;
 The approximate $140,000 in resources devoted to expand the South Grand Lake Airport Authority was not approved by the Board as required by state law. The economic impact of the project is unknown; as a result, one could question if this was the best use of GRDA’s resources, their ratepayers’ money, and whether it was appropriate given GRDA’s mission. – page 9;
 Patterns appear to exist where executive management and the Board have acted in manners which could have potentially exploited their official capacities for personal benefit. Failure to disclose the following situations has led to concerns over potential conflicts of interests:
o A family friendship exists between GRDA’s superintendent of properties and programs (properties superintendent) and Crossland Constructions’ project manager. The properties superintendent was responsible for the oversight of two large construction projects built by Crossland totaling approximately $13 million. The relationship was not disclosed and could have provided an unfair advantage in Crossland’s bid preparations. – page 10;
o A relationship appears to exist between the board chairman and one of GRDA’s vendors, PELCO Structural (PELCO), because the president of PELCO is both the board chairman’s brother-in-law and employee. The relationship was not disclosed and could have created an opportunity for PELCO to have received an unfair advantage related to the approximately $5.2 million in GRDA contracts they were awarded. – page 12;
 Office of Personnel Management studies indicate classified employees’ salaries have increased disproportionate to comparable positions in other electrical generating utilities. – page 13;
 With the broad authority granted to the CEO in reallocating or hiring new unclassified employees, certain risks are inherent, such as promoting or hiring people that may not be the most qualified for a position. – page 14;  GRDA spent approximately $130,000 on renovations to office space in Oklahoma City’s Bricktown. Although this office may have allowed GRDA to hire and retain qualified staff for certain aspects of their operations, it appears Article 10 § 15A of the Oklahoma Constitution was violated, and one could question whether the Bricktown location was the best use of GRDA’s resources and their ratepayers’ money. – page 17;
 The Federal Energy Regulatory Commission (FERC) is a federal agency that, among other duties, regulates the interstate transmission of electricity as well as licenses hydropower projects. FERC is often reviewing GRDA’s applications for structures that have already been built or where work has already started without their approval. FERC considers these "after-the-fact" applications to be problematic and feel GRDA’s attitude towards compliance is poor. – page 18;
 In October 2006, GRDA awarded a $70 million contract to Alstom to refurbish the four Kerr Dam turbines. In July 2010, FERC ordered GRDA to cease work on the project as the construction was unauthorized per federal law. In December 2010, GRDA filed the necessary license amendment to proceed with the remaining refurbishment as well as to operate the two refurbished turbines at their new capacities. As of October 2011, FERC is still reviewing the license amendment. – page 19;
 82 O.S. § 864.2 authorized the Board to select a director of investments (DI) to be paid an amount not to exceed 90% of the general manager’s salary of the Oklahoma Municipal Power Authority. They selected the CEO and increased his salary to $225,000 annually because he assumed a portion of the additional duties of the DI. It appears this position was created to allow GRDA to circumvent the statutory limit on the compensation of the CEO and there appears to be a duplication of effort between the CEO and the chief financial officer regarding investment duties. – page 20;
 Multiple exceptions were noted related to the reasonableness of certain travel expenditures (e.g. excessive vicinity mileage, lack of supporting documentation, etc.). Even though there appear to be reviews prior to payments being processed, the previously discussed environment issues could lead to subordinates being uncomfortable questioning executive management regarding certain expenditures. – page 21;
 State statutes recognize GRDA as a unique agency; as a result, we noted they appear to have an attitude similar to a corporation rather than a governmental entity regarding expenditures which included flatware items, dinnerware items, and sound diffusers. – page 24;
 Purchases totaling $7,598 (kitchen supplies, décor items, iPads, sound machines) could have been purchased on the p-card eliminating the $314 in sales tax that was paid. Employees are using their own money for GRDA expenses when other procurement methods are available. This could present an undue hardship on the employees as they wait for reimbursement from GRDA. Many of the items purchased are easily convertible to personal use. – page 25;
 GRDA has nine employees receiving a car allowance. Factors used in making the decision as to whether to provide a car allowance include consideration of the employee’s circumstances or preference. Financial impacts did not appear to have been considered. GRDA should seek an attorney general’s opinion regarding the use of car allowances. – page 26 and 27;
 Oklahoma City University’s Steven C. Agee Economic Research & Policy Institute (OCU) noted the value of GRDA’s tax-exemption serves as an implicit state subsidy provided to them by the citizens of Oklahoma. OCU identified alternative operating structures which all require further research before a decision should made as to whether GRDA’s current configuration is in the best interest of Oklahoma. – page 28. Grand River Dam Authority
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Background The Grand River Dam Authority (GRDA) was established in 1935 (82 O.S. § 861) as a conservation and reclamation district with powers including:
• the control, storage, preservation and distribution of the waters of the Grand River and its tributaries, for irrigation, power and other useful purposes;
• the reclamation and irrigation of arid, semiarid and other lands needing irrigation;
• the conservation and development of the forests, minerals, land, water and other resources;
• the conservation and development of hydroelectric power and other electrical energy.
To fulfill a portion of these duties, three dams were constructed along the Grand River forming lakes with the stored water being used to create electricity. Several years later, GRDA expanded their generating capacity with the additions of coal and natural gas burning facilities.
Table 1 – GRDA Facilities
Facility
Location
Rated Capacity
(in megawatts)
Service Date
Fuel
Pensacola Dam – Grand Lake
Langley, OK
105
1941
Water
Markham Ferry/Kerr Dam – Lake Hudson
Locust Grove, OK
108
1964
Water
Salina Pumped Storage – W.R. Holway Reservoir
Salina, OK
130 – #1
130 – #2
1968
1971
Water
Coal Fired Complex1
Chouteau, OK
490 - #1
322 - #2
1982
1985
Coal
Redbud2
Luther, OK
443
2008
Natural Gas
Source: GRDA Comprehensive Annual Financial Report -2010
Costs associated with fulfilling this statutory mission are funded primarily through electricity sales to rural cooperative, municipal, and industrial customers located in Oklahoma, Kansas, Arkansas, and Missouri. See a map of GRDA’s customers and facilities in Appendix B of this report. In addition to producing and selling electricity, GRDA is responsible for the management of the three lakes which includes but is not limited to ecosystems habitat evaluation and enhancement, shoreline management, water quality monitoring, and lake patrol.
1 GRDA owns 62% of unit 2 with 38% owned by KAMO Power.
2 The Redbud facility is operated by Oklahoma Gas and Electric (OG&E), with OG&E, GRDA, and the Oklahoma Municipal Power Authority owning 51%, 36%, and 13% respectively. Grand River Dam Authority
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Governance - Statutory Role and Responsibilities of the Board
GRDA is governed by a seven member board of directors (Board or Directors). 82 O.S. § 863.2.B. states in part, “The Board shall have rulemaking authority . . . the authority to grant exemptions from any rules not promulgated pursuant to the Administrative Procedures Act which deal with the waters of the Grand River and its tributaries . . . [and] to oversee the functions of the district and ensure the operations of the district are in compliance with all applicable state laws.”
A significant change was made to the Board structure in 2003 when all serving Directors were removed, the number of Directors was reduced from nine to seven, and the appointing authority of the Directors changed.
Table 2 – GRDA Board of Directors as of September 2011
Title
Appointed by/ Representing
Term Ends
David J. Chernicky
Chair
Appointed by the governor, representing industrial and commercial customers
August 2014
Stephen R. Spears
Director
Municipal Electric Systems of Oklahoma (permanent appointment)
-
Dewey F. Bartlett, Jr.
Director
Appointed by the senate pro-tempore
August 2017
Greg Grodhaus
Director
Appointed by the governor
May 2018
Betty Kerns
Director
Appointed by the governor, representing economic development interests, lake enthusiasts, and property owners
August 2015
W. Brent LaGere
Director
Appointed by the speaker of the house
August 2016
Chris Myers
Director
Oklahoma Association of Electric Cooperatives (permanent appointment)
-
In 2007, additional oversight was created with the formation of the Joint Legislative Task Force. This task force, appointed by the president pro-tempore of the senate and the speaker of the house of representatives, was created to study the functions, activities, policies, procedures and expenditures of GRDA. Senate staff as well as a meeting notice indicate the task force met only one time and never issued a formal report. State law was revised on August 26, 2011 requiring the task force to meet at least once biennially during the first session of each new legislature.
Significant Statutory Changes
GRDA has adopted many management practices of a private, for-profit business. This is due in part to its mission and the large degree of autonomy and flexibility accorded to it by the legislature. In addition to the restructuring of the Board, other significant changes that occurred to GRDA’s statutes over the last 10 years include but are not limited to:
• 82 O.S. § 861A – A new law effective July 1, 2003, recognized GRDA as a unique agency of this state, whose mission requires it to function in competition with private industry within the competitive power market, and the legislature recognized the Board as the rulemaking authority; Grand River Dam Authority
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During his tenure in the Oklahoma State Senate, the CEO authored many of the bills which significantly modified portions of the laws affecting GRDA’s operations.
• 82 O.S. § 862 – Added language effective July 1, 2003, which created the ability to provide support and assistance to public and private entities (e.g. chambers of commerce or tourism organizations) in an amount not to exceed a total of $15,000 annually for projects or efforts that are for the benefit of or impact the quality of life for each city or community located within the boundaries of the GRDA. The amount was later increased to $25,000 effective June 2, 2008;
• 82 O.S. § 862.1 – A new law effective June 4, 2001, created certain exemptions from the Oklahoma Open Records Act (customer proprietary information), Oklahoma Open Meeting Act (coal/gas supply contract and rail/truck transportation contracts), and the Public Building and Construction Act;
• 82 O.S. § 864 – Added language
effective July 1, 2003, which modified
the compensation study conducted by the
Office of Personnel Management (OPM)
to exclude unclassified employees from
the study and only includes electrical
generating utilities for comparison
purposes. Additionally, the reference
requiring GRDA to comply with the limits imposed by the merit rules was removed and a statement allowing the Board to increase salaries above OPM’s recommendations was added;
• 82 O.S. § 864.2 – A new law effective June 2, 2008, created a director of investments position;
• 82 O.S. § 874.2 – A new law effective May 26, 2005, allowed GRDA to issue licenses to encroach upon real property owned by GRDA to adjacent property owners for structures built upon the real property prior to June 1, 2005. GRDA receives from the licensee the fair market value of the unimproved land and any administrative costs, including appraisals or surveys, required.
GRDA’s previous chief executive officer/general manager (CEO) was hired in March 2004 and resigned July 31, 2011. Prior to his tenure at GRDA, he served many years in the Oklahoma State Senate. During his term as a senator, he authored the bills which created at least portions of the first four laws mentioned in this section as well as the bill which restructured the Board. Any reference to the CEO in this report, unless noted otherwise, is addressing the employee who resigned July 31, 2011. Grand River Dam Authority
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Purpose, Scope,
and Sample
Methodology This audit was conducted at the request of the governor in accordance with 74 O.S. § 213.2.B. The audit period covered was July 1, 2003 through March 31, 2011 unless noted otherwise in the body of the report.
Sample methodologies can vary and are selected based on the audit objective and whether the total population of data was available. Random sampling is the preferred method; however, we may also use haphazard sampling (a methodology that produces a representative selection for non-statistical sampling), or judgmental selection when data limitation prevents the use of the other two methods. We selected our samples in such a way that whenever possible, the samples are representative of the populations and provide sufficient evidential matter. We identified specific attributes for testing each of the samples. When appropriate, we projected our results to that population.
We conducted this performance audit in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives. This report is a public document pursuant to the Oklahoma Open Records Act (51 O.S. § 24A.1 et seq.), and shall be open to any person for inspection and copying.
Objective 1 - Determine whether executive management’s and the board of directors’ actions have been consistent with the statutory mission of the GRDA.
Methodology Over the years, GRDA has been subject to both public and governmental scrutiny due in part to actions made by executive management and the Board, of which some question the underlying rationale. To identify these actions, we gathered information from a variety of sources by:
• Sending surveys to all 517 GRDA employees;
• Reviewing applicable state laws, board minutes, annual reports, policies and procedures, Oklahoma Administrative Code (OAC) and GRDA’s independent financial auditor’s work papers;
• Interviewing six of the seven current Directors, GRDA management and staff (current and former), GRDA’s independent financial auditors, experts in the fields of economics and business analysis, GRDA vendors, Federal Energy Regulatory Commission (FERC) officials, and personnel from various state entities including the former state bond advisor, OPM, Department of Central Services, the Department of Public Safety, and the South Grand Lake Municipal Airport Managing Authority;
• Reviewing applicable bond and credit profile statements, applicable contracts, contracted performance reviews, accounting and human resources data and support, and multiple letters between GRDA and FERC;
• Reviewing the previous Oklahoma State Auditor and Inspector’s Special Audit report; Grand River Dam Authority
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Responses from approximately 250 completed employee surveys, along with interviews, identified a volatile environment.
• Reviewing expenditure documentation such as the check register, the P-Card Statement of Activity, travel claims, employee reimbursement claims, and related supporting documentation.
GRDA management provided us with various accounting data including, but not limited to, check registers and general ledger reports from January 1, 2009 to March 31, 2011. We did not have a feasible method of ensuring the completeness of this information; therefore, we relied on management’s representation. As applicable, we did ensure the information was supported.
The actions discussed in this report were addressed given the frequency with which they were brought to our attention and/or their potential impact. Not all actions taken by executive management or the Board have been addressed.
Atmosphere Created by Management
An effective internal control system has in place policies and procedures designed to reduce the risk of errors, fraud, and professional misconduct within an organization. A key factor in this system is the environment established by management. Management’s ethics, integrity, attitude, and communication style become the foundation of all other internal control components. Responses from approximately 250 completed employee surveys, along with interviews, identified a volatile environment. Employee animosity appears to be fueled in part by ineffective communications and distrust between certain segments of the employee population and executive management. Whether the barriers are factual or perceived, employee morale and productivity have likely been impacted. This environment increases GRDA’s exposure for fraud to occur.
Recommendation The resignation of GRDA’s CEO has led to a transition in executive management. Although a new CEO has been hired, this alone will not fully address the issue. New management and the Board need to be cognizant of the risks associated with this type of environment and begin working towards evaluating and addressing the situation to ensure the mission of the GRDA is accomplished in the most efficient manner possible.
Views of Responsible
Officials Executive management and the Board are appreciative of this feedback and will use it as an opportunity to improve communications with employees. New board committees will establish an appropriate tone at the top. Executive management realizes enhanced communication is an ongoing process.
Board Director Orientation and Meeting Attendance
82 O.S. § 863.2.B states in part, “It shall be the duty of the Board of Directors to oversee the functions of the district and ensure the operations of the district are in compliance with all applicable state laws . . .”
Some key components to an effective board are ensuring the necessary knowledge and understanding are conveyed to its members through the orientation process, the Grand River Dam Authority
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Out of 21 board meetings held, there were only two instances in which all Directors were present.
information provided to them for meetings is sufficient to make sound decisions, and members regularly attend board meetings.
GRDA’s orientation process for new Directors includes providing a binder which contains significant information for GRDA operations. The general counsel also holds meetings with the Directors to discuss constitutional, statutory and ethical issues.
Many Directors take tours of the GRDA facilities as well as visit with management and staff at the various locations.
Generally, a week prior to a Board meeting, the Directors are provided a board packet through hard copy and electronic formats. Our conversations with six of the Directors (one Director chose not to meet with us) revealed they felt the amount of information presented in the board packet was sufficient to make informed decisions. One Director stated the information was almost “death by data.” Three Directors indicated they review all the information in detail, two review portions of the information in detail, and one indicated he would review the agenda for items of interest and review the supporting documentation in the board packet as needed.
Board meetings are held once per month, and occasionally a special meeting is held. Board minutes from January 2009 through March 2011 were reviewed to determine Board director attendance as well as the location of the meetings.
This review indicates3
• 21 meetings were held (16 in Vinita, two in :
Chandler at a Director’s office, and three in Tulsa
at another director’s office); however, there were
only two instances when all Directors were
present;
• Five meetings were cancelled due to the lack of a
quorum;
• Assuming a Director was appointed to the Board at least 10 months:
o Three Directors had an attendance percentage of 80% or higher;
o Four Directors had an attendance percentage of 70% or lower with three of these being less than 62%.
Although GRDA provides Directors with an orientation process and sufficient information through the board packets, no formal written policies and procedures exist to inform and provide direction regarding GRDA’s expectations for Director attendance at board meetings.
3 There were nine different Directors who served on the Board during this period. See detailed analysis of meeting attendance in Appendix C. Grand River Dam Authority
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Given the complexity and variety of GRDA’s operations, state statutes have provided diversification among its Directors. Failure of all Directors to actively attend board meetings could hinder their ability to properly and effectively make decisions that are in the best interest of GRDA’s mission and for the state of Oklahoma. In an attempt to ensure all Directors are present, the locations of the meetings have been modified to accommodate their schedules. However, this strategy could present a hardship to others (citizens, media, employees, etc.) wishing to attend the meetings.
Recommendation To ensure the most effective decisions are made in the best interest of GRDA and the state of Oklahoma, written policies and procedures should be developed to convey the expectation of Directors’ attendance.
Views of Responsible
Officials The Board agrees and will develop a corporate policy conveying its expectations that Directors attend meetings regularly. GRDA would support statutory changes authorizing the Authority to hold electronic board meetings.
Creation and Modification of Policies
The State Auditor and Inspector’s previous audit of GRDA had several recommendations regarding establishing and implementing policies. In addition, GRDA management indicated that prior to 2004, they had no administrative rules filed with the Secretary of State. An effective internal control system includes established written policies and procedures to inform employees about the organization’s expectations and practices, to provide direction in the correct way of processing transactions, and to serve as reference material for new and continuing employees.
Review of GRDA’s internal policies and the Oklahoma Secretary of State’s website supports that GRDA has developed and modified, where applicable, internal policies and filed administrative rules since 2004. However, it appears the travel policies have not been reviewed and updated since 2004. As a result, they do not appear to reflect airlines’ new practice of charging baggage fees. Per Office of State Finance (OSF) policy, other state agencies are limited to one baggage fee, unless justified. GRDA’s policies also do not discuss the expectations for actual and necessary travel.
In addition, 82 O.S. § 863.2.B states that the Board is responsible for approving business expenses; however, OAC 300:20-1-15 assigns this responsibility to the CEO and GRDA’s practice is to have the chief operating officer (COO) approve the transactions.
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Recommendation GRDA management and the Board should review and update the travel policies to ensure compliance with the State Travel Reimbursement Act. In addition, the policies should address actual and necessary expenses. For example, OSF’s policies require that actual and necessary expenses are clearly identified and justified on a separate form.
The Board should be approving business expenses as required by state statute.
Views of Responsible
Officials GRDA will update the policies and procedures to clearly identify who is responsible for approving each document and present them to the Board for approval. Additionally, GRDA has implemented enhanced monthly summarizations of business expenses to the Board’s audit committee members.
Approving Policies and Procedures
The Board has created a Policies and Procedures committee (committee) whose function has been defined by policy 2-3 II.5. The committee is to “review existing policies and procedures, coordinate revision of policies and procedures with other committees and to develop new policies and procedures as required . . . and make recommendations to the Board of Directors concerning revisions, deletions or additions.”
The Board appears to have approved the Board of Directors’ policy manual as well as other policy manuals; however, during the course of our audit, we were provided additional policies and procedures, which had not been recently approved or in some cases ever approved by the Board. These include:
• Cell phone policy (not approved)
• Travel policy (approved in February 2004)
• Travel procedures (not approved)
• Safety glasses policy (not approved)
• Purchasing procedures (not approved)
Management determined Board approval was unnecessary for these policies and procedures. In the case of the travel and purchasing procedures, GRDA executive management considered them “training” materials, and therefore did not require Board approval. It appears unusual policies and procedures relating to GRDA’s expenditure practices would not receive Board approval given its statutory responsibilities outlined in 82 O.S. § 863.2.B for ensuring the operations of the district are in compliance with all applicable state laws.
Not presenting all policies and procedures to the committee could hinder their and the Board’s ability to make effective decisions related to the operations of GRDA.
Recommendation The Board should obtain and review all policies and procedures related to GRDA’s operations. All future policies and procedures created by GRDA staff should be presented to the committee for further evaluation to determine if recommendations should be made to the Board concerning revisions, deletions or additions.
Views of Responsible
Officials GRDA will update the policies and procedures and present them to the Board for approval. Grand River Dam Authority
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GRDA spent approximately $140,000 in resources to expand South Grand Lake Airport without Board approval.
Improved Credit Ratings
In 2008 and 2010, GRDA issued bonds totaling $575,375,000 and $239,315,000, respectively. We evaluated whether GRDA’s credit rating improved from 2004 through 2010 and how GRDA’s credit rating compares to its peers. Using data from the three credit rating agencies, we compared GRDA’s ratings over the last several years:
Table 3 – GRDA Credit Rating History
Standard and Poor’s
“BBB+ negative” March 2004
“A-positive” – October 2007
“A stable” – November 2010
Fitch
“A-“ – May 2002
“A-positive” March 2005
“A stable” – November 2010
Moody’s
“A2 negative” – 2004
“A2 stable” – 2007
“A2 stable” – 2010
Source: Credit rating agencies’ reports
Reasons for the improved ratings included, but are not limited to, rate increases, new long-term contracts with customers, improved debt service coverage and diversification of resources. We visited with Oklahoma’s former state bond advisor who stated that all of the justifications for the improved ratings appear reasonable and a better rating will certainly save money over time.
To place GRDA’s 2010 ratings in perspective, we reviewed Standard and Poor’s “U.S. Public Finance Report Card��� (2005-2010) which states:
• The public power sector4
• Public power ratings overall are stronger than those of the investor-owned utilities (IOU). This is due to their nearly universal protection from direct competition, the absence of investor-demanded rates of return, and rate-setting autonomy; has continued to experience overall credit stability;
• Public power’s median rating is ‘A’ and closer to ‘A+’ than ‘A-‘ with the exception being in 2010 where the median was ‘A+’.
It appears GRDA’s core peer group (public power sector) has overall credit stability and their 2010 rating puts them slightly below the median rating in this group. A more specific comparison indicated that GRDA’s rating compared favorably to entities that have wholesale customers and are either in the same geographic region or have a similar governance structure. See rate comparison table in Appendix D.
Expansion of South Grand Lake Airport
74 O.S. § 1008.A allows for public agencies to contract with each other “. . . to provide a service, activity, or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract . . .”
Under the basis of economic development, GRDA and South Grand Lake Airport Authority
4 The public power sector includes municipally owned electric utilities and combined (or multi-segment) utilities, as well as joint action agencies consisting of two or more participating utilities. Grand River Dam Authority
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(airport) entered into an agreement on October 21, 2006 in which GRDA was to provide clearing, dirt work, fly ash stabilization, and rock base preparation for asphalt for the construction of ramps, taxiways, and taxi lanes at the airport. In return, the airport was to waive land and occupancy space fees as well as make an effort to provide low cost fuel for GRDA aircraft during the period January 1, 2007 through December 31, 2011. Approximately $140,000 in GRDA personnel and equipment costs were used on the project. Points of interest about the agreement are:
1) GRDA’s pilot indicated their two helicopters have never been stored at the airport;
2) Helicopter fuel was not purchased from the airport until October 2010 and stopped in April 2011. The purchases totaled $2,299;
3) A former member of GRDA’s executive management team sat on the airport’s board when the agreement was accepted;
4) According to the airport manager, a former GRDA Director was involved in raising money for the airport improvements outside the scope of his GRDA responsibilities.
The agreement was approved by the airport board; however, it was not approved by GRDA’s Board as required by law. GRDA executive management stated this agreement was never presented to the Board. Though the economic development impact of this agreement is unknown; it is questionable if this was the best use of GRDA’s resources, their ratepayers’ money, and whether it was appropriate given GRDA’s mission.
Recommendation Board approval should be obtained for all future contracts for governmental services as required by state law. This approval should include an evaluation of whether the contract meets the intent of GRDA’s mission.
Views of Responsible
Officials GRDA will develop policies and procedures for the appropriate approval of governmental contracts to comply with the intent of GRDA’s mission. The policies and procedures will be submitted to the Board for approval.
Family Friendship Between Properties Superintendent and Crosslands Project Manager
The Ecosystems and Education Center (Eco) at Pensacola Dam was built to further GRDA’s partial mission of being a conservation and reclamation district for the waters of the Grand River. The facility houses a water quality lab, and the ecosystem management and compliance departments, as well as the GRDA police force.
The Energy Control Center (ECC) at Kerr Dam houses GRDA’s system operations center as well as the communications and supervisory control and data acquisition Grand River Dam Authority
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Conversation with the
properties
superintendent
revealed the Crossland
project manager is a
family friend. These
contracts totaled just
under $13 million.
(SCADA) departments. It was remodeled to update the equipment and to bring it into
compliance with the North American Electric Reliability Corporation (NERC)5
The purpose of competitive bidding is to obtain goods and services at the lowest prices
by stimulating competition, and by preventing favoritism.
required standards.
GRDA hired two different vendors, one for each project, to design the buildings and
assist in the bidding processes. Upon these vendors’ recommendations, both contracts6
GRDA’s superintendent of properties and programs (properties superintendent) was
part of the bidding evaluation team and was responsible for the oversight of the Eco
and ECC projects. Conversation with the properties superintendent revealed the
Crossland project manager
were awarded to Crossland Construction Company Inc. (Crossland) on the basis of best
overall value (Eco) and lowest bid (ECC).
7
The properties superintendent signed separate “conflict of interest statement for
evaluation team members” for the Eco and ECC projects as required by purchasing
procedure 9.1. Each conflict of interest statement includes the following:
for both projects is a family friend.
. . . I acknowledge my obligation to disclose to the Chief Financial
Officer and General Counsel any friendships; family or social
relationships (emphasis added); . . . or other accommodations offered
or received by myself from an
individual or company . . .
submitting a proposal or bid in this
matter which might be perceived
as compromising my independent
judgment in this evaluation; and I
agree to disqualify myself from
participation in the evaluation
should the Chief Financial Officer
or General Counsel find my
relationship with a company or
individual submitting a proposal or
bid in this matter may be perceived as compromising judgment in the
evaluation.
Conversations with the chief financial officer (CFO) and general counsel indicated the
properties superintendent did not disclose this relationship to them.
The appearance of this relationship without disclosure is cause for concern because it
could have provided an unfair advantage in Crossland’s bid preparations for contracts
totaling just under $13 million.
5 NERC is the electric reliability organization certified by FERC to establish and enforce reliability standards for the bulk-power
system.
6 Total contract amounts with change orders were $4,877,271 for Eco and $8,075,891 for ECC.
7 A Crossland project manager’s duties include responsibility for the overall planning and implementation of the job which
includes overseeing the project schedule, budget, and construction administration as well as working closely with GRDA
and the architects and communicating their expectations to the project team.
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Recommendation The attorney general’s office should review this situation further and determine if any laws were violated.
GRDA Comment GRDA will retrain its employees to reinforce their responsibilities so they will clearly understand the importance of the integrity and expectation of the process including attending to both the letter of the law and perceptions.
Relationship between Board Chairman and GRDA Vendor
A relationship appears to exist between the board chairman (as identified on page 2 of this report) and one of GRDA’s vendors, PELCO Structural (PELCO), because the president of PELCO is both the board chairman’s brother-in-law and employee8
. See below:
Of the six Directors we visited with, five were not aware of this relationship and the one Director who did know about it discovered it through his own research. During our discussion with the board chairman, he indicated he had visited with his private counsel as well as GRDA’s general counsel and both indicated the relationship was not an issue. Consequently, the association was not disclosed on his Form F-2R (statement of financial interests) which is filed with the Oklahoma Ethics Commission. We asked the board chairman if he ever voted to award funds to PELCO. He did not recall the matter
8 Prior to board interviews, the president of PELCO was listed as the executive vice president of New Dominion on their website. Grand River Dam Authority
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ever presenting itself, but stated that he would have abstained had it ever occurred. However, board minutes indicate he voted “yes” in all instances except one when he was absent. Accounting records indicate approximately $5.2 million was paid to PELCO since 2006.
GRDA Board of Directors’ Policy 2-4 II A. states in part, “. . . It is the policy of the Authority that its Board members . . . shall exercise sound, ethical business judgments so as to preserve and further the Authority’s good standing in the community and among the people it serves . . . .”
This relationship does not appear to be a conflict of interest as defined by GRDA policy or guidance available in the 2010 Ethics Manual issued by the Oklahoma Ethics Commission because the PELCO president is not a “dependent” or an “immediate family member” of the board chairman. Even though the “conflict of interest statement for evaluation team members” discussed in the previous section was not required in this case, it does indicate that GRDA acknowledges these types of situations could lead to potential conflicts of interest. The mere appearance of this relationship without disclosure is cause for concern. The relationship could have created an opportunity for PELCO to have received an unfair advantage related to the approximately $5.2 million in GRDA contracts they were awarded.
Recommendation The attorney general’s office should review this situation further and determine if any laws were violated.
GRDA Comment The Board will amend the by-laws to incorporate more restrictive conflict of interest provisions and rules on disclosure.
Increasing Salaries of Classified Employees
82 O.S. § 864.C requires OPM to conduct a biannual comprehensive classification and compensation study comparing all classified employees in the GRDA to prevailing rates of pay for all positions in electrical generating utilities. According to the statute, this report should include recommendations for average comparable pay scale based on the study. Once the report has been issued, the Board shall implement the classification and compensation recommendations as appropriate, if fiscal constraints and commitments to ratepayers permit. They may also implement adjustments in compensation to correct inequities. These adjustments may increase the base payroll in excess of the recommendation in the OPM study.
The OPM studies conducted during the full audit period indicate classified employees’ salaries have increased disproportionate to comparable positions in electrical generating utilities. See chart on next page.
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-2.50%3.41%-1.07%-0.71%5.25%9.43%-16.08%-24.37%-9.97%-30.00%-25.00%-20.00%-15.00%-10.00%-5.00%0.00%5.00%10.00%15.00%200620082010GRDA Classified Employees to Market GRDA Classified -CombinedGRDA Classified UtilityGRDA Classified Non-Utility
Source: OPM GRDA Compensation Reports
Board meeting minutes indicate the Board utilized the OPM Compensation reports to approve pay raises in April 2009; however, they opted not to take action on salaries in April 2011.
Views of Responsible
Officials The Board and executive management will continuously review industry, state agencies and GRDA compensation data to keep abreast of the competitiveness of GRDA market based compensation. The goal is to be competitive in all areas of compensation, dependent on availability of funds and acting within statutes. GRDA has expressed concerns about previous studies to OPM and OPM is currently preparing a new study which will be available in January 2012. GRDA will review the OPM study to determine the best course of action related to employee compensation.
Creating and Reallocating Unclassified Positions
GRDA employs both classified and unclassified personnel. Classified personnel are hired through the state’s merit system after meeting certain qualifications for their positions and have the right to appeal to the Merit Protection Commission regarding disciplinary actions taken by GRDA, including, but not limited to, involuntary demotion, suspension without pay, or discharge. Unclassified personnel are considered “at will” and serve at the pleasure of the CEO meaning they may be terminated with or without cause at any time. GRDA has no procedures for the recruitment and appointment of unclassified personnel, or for the terms and conditions of their employment.
Employee survey results brought forward concerns related to the CEO changing employees’ statuses from classified to unclassified, also known as “reallocation”, and
With the broad authority granted to the CEO in reallocating or hiring new unclassified employees, certain risks are inherent such as promoting or hiring people that may not be the most qualified for a position. Grand River Dam Authority
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creating new unclassified positions for unqualified personnel. These employees believed reallocation was a method the CEO was using to terminate employees after they were no longer under the protection of the merit system. Discussions with the human resources superintendent revealed that none of the 43 employees in the positions that were reallocated during the audit period were terminated.
Our review of seven haphazardly selected reallocation forms (OPM-92) indicated GRDA followed the proper approval process (GRDA cabinet secretary) to ensure compliance with OPM rules when reallocating a position. In the course of reviewing the seven OPM-92s, we noted “additional job duties” was listed as the justification. We requested the formalized job descriptions and qualifications for these positions; however, GRDA indicated they do not have job descriptions for any unclassified positions. Therefore, to confirm the justification, we interviewed an additional eight haphazardly selected reallocated employees to determine if additional job duties were assigned. Interviews revealed this was not the case for three employees, despite the OPM-92 indicating such.
With the broad authority granted to the CEO in reallocating or hiring new unclassified employees, certain risks are inherent, such as promoting or hiring people that may not be the most qualified for a position. The following are examples of these types of transactions:
• A back-up helicopter pilot was hired at $40,000 annually. His resume indicates he had military experience as a helicopter support team leader and was self-employed in the construction and maintenance fields. The employee did not possess a private or commercial pilot’s license but obtained a private license after being hired.
Correspondence between the
human resources superintendent
and the CEO indicates GRDA
intended to provide the employee
with the necessary $15,000 training
and required flight hours to obtain
the commercial license. Helicopter
logs and verbal statements from the
main pilot indicate the back-up
pilot flew with him approximately
100 hours9
The back-up pilot resigned in 2009 through 2011.
effective June 2011;
• The superintendent of hydro
operations was hired at $95,000
annually. His resume indicates he
has a master of business
administration degree with only
sales, marketing, and teaching
experience. In May 2011, the
assistant general manager of
9 The Federal Aviation Administration’s (FAA) website indicates 250 total flight hours are required to obtain a commercial pilot certificate. However, employers can require additional hours. OPM’s website indicates a classified pilot must have logged at least 3,000 hours. Grand River Dam Authority
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thermal generation assumed management responsibilities of the hydro operations and the employee in question was terminated in August 2011;
• An assistant superintendent -technical writer and property development was hired at $40,000 annually. Her resume indicates she has a degree in interior design with no experience. She resigned in June 2011;
• An assistant superintendent of property administration was hired at $36,720 annually. Her resume indicates only sales experience since 1999.
Examples that appear to indicate, on paper, that a qualified person was hired for a position include:
• A superintendent of shift operations was hired at $93,000 annually. He has a degree in mechanical engineering and served six years as a nuclear submarine officer;
• An assistant superintendent of technical services was hired at $55,000 annually. His resume indicates he worked for 20 years in information technology (IT) for a large corporation;
• An assistant superintendent – programmer was hired at $50,000 annually. His job application indicates he has a degree in IT;
• An assistant superintendent of human resources (HR) was hired at $50,000 annually. Her resume indicates that she had various HR duties while working for a law firm since 2003.
GRDA’s reallocation process has created an environment where some employees are unsettled about their job security. In addition, the lack of procedures for the recruitment and appointment of unclassified personnel increases the risk of hiring unqualified personnel. These actions can allow animosity to build, thereby increasing risks.
Recommendation GRDA management should develop formal, written procedures for the recruitment and appointment of unclassified personnel as well as job descriptions and qualifications. Additionally, when new positions are created, the Board should be made aware and consider formally approving.
Management should be aware the reallocation process could cause employees to experience feelings of insecurity because of the move from a “protected” position to an “at-will” position. Communication is critical to reducing risk and ensuring employees are operating in the most efficient manner possible.
Views of Responsible
Officials GRDA agrees with this assessment. In August 2011, GRDA completed the task of developing job descriptions and qualifications for unclassified positions. Compensation on a permanent and ongoing basis will be reviewed at the Board level so employees know that GRDA compensation practices are fair, equitable, and competitive. This also allows the Board to be informed of the key compensation data including performance compared to budget as well as compared to goals and objectives. GRDA is embarking on a bottom up budget process, and personnel expenses will be one of the first areas addressed. Clear communication during and after the personnel budgeting process will allow GRDA to better keep our employees informed.
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Leasing Office Space in Oklahoma City
In 2005, GRDA decided to open a branch office in a popular entertainment district of Oklahoma City known as Bricktown. Executive management indicated this decision was made so they would have a place to hold meetings and conduct other GRDA job duties while 160 miles from the administrative headquarters as well as promote Grand Lake with maps, brochures, etc. Additionally, the creation of this location helped acquire the services of an Oklahoma City based employee sought after to manage GRDA’s purchase card program.
Prior to GRDA moving into the building, the landlord and GRDA performed a substantial amount of work on the leased space. Management provided documentation which appears to indicate GRDA performed general framing, painting, and staining; heating and air conditioning work; phone and data installation; and signage. GRDA’s costs associated with this work equaled approximately $130,000. The Oklahoma Constitution Article 10 § 15A states in part, “. . . nor shall the State . . . make donation by gift, subscription to stock, by tax, or otherwise, to any company, association, or corporation.”
The Department of Central Services (DCS) is empowered in 74 O.S. § 63.C and § 94.A to manage all leasing arrangements for state agencies, unless otherwise provided by law. GRDA did not seek DCS’s approval prior to entering into this arrangement because they had an “unofficial” opinion from an assistant attorney general which stated they did not have to obtain DCS’s approval. This “unofficial” opinion was based on GRDA’s power granted by 82 O.S. § 862(e) which states in part that GRDA is authorized, “To acquire by purchase, lease, gift, or in any other manner . . . any and all property of any kind, real, personal, or mixed . . .” It is interesting to note the unofficial opinion was issued 26 days after the lease agreement went into effect on August 1, 2005.
The average price per square foot ($17.97 over the life of the six year lease) nearly doubles the amount ($9.00) DCS sets as a threshold for approval on a case-by-case basis for agencies under their authority10
GRDA terminated the agreement in January 2011 and moved to another Oklahoma City location where the average price per square foot ($15.50) is less than the Bricktown location but still exceeds the DCS threshold by 72%. GRDA executive management stated the purpose of the Oklahoma City office has transitioned to serve as office space for financial administration (primarily accounting and purchasing activities) and corporate communications. .
Although the Oklahoma City office may have helped GRDA to hire and retain qualified staff for certain aspects of their operations, it appears by renovating the Bricktown office, the Oklahoma Constitution was violated and one could question if this location was the best use of GRDA’s resources and their ratepayers’ money.
Recommendation The attorney general’s office should review this situation further and determine if any laws were violated.
10 DCS leasing management indicate exceptions to the rental rate threshold are based upon the location, type of building, age of building, amenities, tenant build-out, agency requirements, comparative space, and overall costs. Grand River Dam Authority
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“GRDA’s attitude towards compliance is poor.”
-Senior FERC official
GRDA Comment GRDA will consult with DCS on any future lease renewals or agreement in order for its operations to be as cost-effective as possible.
Relationship between GRDA and FERC
The Federal Energy Regulatory Commission (FERC) is a federal agency that, among other things, regulates the interstate transmission of electricity as well as licenses hydropower projects. The two areas of FERC that have oversight jurisdiction over GRDA are the hydropower section11
• Hydropower and the electric reliability section which includes both transmission and generation. During our initial meeting with GRDA management, they stated both verbally and via a PowerPoint presentation that FERC officials had previously told them that GRDA was the worst managed project under their jurisdiction; however, this was no longer the case and their relationship was drastically improved. Conversations with senior level FERC officials tell a different story:
FERC has never made a determination on GRDA’s overall program compliance; however, they are often reviewing applications for things that have already been built, such as boat docks or marinas, or where work has already started without approval from FERC, such as upgrades to turbine units (discussed in the Markham Ferry/Kerr Dam Refurbishment section of the report) or clearing for substations. They consider these "after-the-fact" applications to be problematic and feel GRDA’s attitude towards compliance is poor. Correspondence between FERC and GRDA includes comments such as:
o “In addition to your plan being inadequate and not addressing the resource agencies’ concerns, your report lacks details on how the tests were conducted and how the data was compiled” and “Your plan and supplemental filings continue to be inadequate” – December 29, 2009 – Article 401 – Dissolved Oxygen Mitigation Plan;
o “The delays by GRDA in completing plans required by its license are not simply technical violations, but have resulted in the failure to provide environmental protection and public recreation mandated by the license . . . Commission staff again strongly urges GRDA to comply with its license, and the requirements of this letter order, immediately” – May 21, 2010 – Compliance with License Articles 401, 404, 405.
FERC officials did stress the licenses also contain numerous conditions which GRDA has complied with.
11 GRDA has three licenses which each have various terms and conditions and specific compliance requirements including, but not limited to, shoreline management, encroachments, dock permitting, environmental requirements, lake elevation levels, and dam safety. Grand River Dam Authority
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• Electric Reliability
Information from FERC on electrical reliability is confidential; therefore, officials in this area were not as candid when discussing their relationship with GRDA. They did provide to us a “staff notice of alleged violations” which indicates GRDA allegedly violated 52 requirements of 19 reliability standards by failing to adequately perform critical functions required for reliable operation of transmissions systems. On August 29, 2011, GRDA settled with FERC resulting in a civil penalty totaling $350,000. GRDA did not admit or deny that its actions constituted violations of the reliability standards.
Markham Ferry/ Kerr Dam Refurbishment
In October 2006, GRDA awarded a $70 million contract to Alstom to refurbish the four Kerr Dam turbines. The units were put in service in 1964 and had received no significant maintenance since that time. During this same time period, Kerr Dam was going through their relicensing process with FERC. An independent engineering firm (engineer) was hired by GRDA to handle both the relicensing project and the turbine refurbishment bidding process. Discussions of the refurbishment occurred between GRDA, the engineer, and FERC during the relicensing process. As a result, the engineer and GRDA believed FERC was supportive of the project and subsequently began work on it in 2007. In early 2010, FERC inquired about the refurbishment situation. Multiple letters were exchanged between both parties and on July 2, 2010, FERC ordered GRDA to cease work on the project as this constituted unauthorized construction12 on their part as defined by Title 16 U.S. Code section 803 (b)13
From a monetary standpoint, the impact of GRDA’s non-compliance is unknown with the exception of a $675 monthly rental for storage of parts. The contract with Alstom is still valid because GRDA would not accept their proposal to include a “suspension policy” in the original contract; therefore, any such charges by Alstom for delay, suspension, lost profits, etc. are excluded by the terms of the contract. However, it should be noted that GRDA told FERC in a December 16, 2010 letter, the stoppage . At this point, two of the four turbines were complete; however, GRDA could not operate them above their previously licensed capacities. In December 2010, GRDA filed the necessary license amendment to proceed with the refurbishment of the remaining two turbines as well as to operate the new turbines at their new capacities. As of October 2011, FERC is still reviewing the license amendment.
12 This letter makes reference to a February 17, 2006 environmental assessment issued by FERC which states that in a February 2, 2006 phone conversation between FERC and GRDA, a former GRDA assistant general manager indicated GRDA would not be performing an upgrade. The environmental assessment informed GRDA that if they decided to pursue this upgrade, it would have to be evaluated by FERC in a license amendment.
13 Title 16 U.S. Code section 803 (b) states “. . . except when emergency shall require . . . no substantial alteration or addition not in conformity with the approved plans shall be made to any dam or other project works constructed . . . of an installed capacity in excess of two thousand horsepower without the prior approval of the Commission . . .”
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There is a possible duplication of effort between the DI and CFO regarding investment duties.
“may cause a dramatic increase in the cost of the rehabilitation work . . . GRDA customers will bear the additional costs as a result of the stop work order.”
Senior GRDA management at Kerr Dam believe the largest impacts to their operations as a result of the work stoppage are:
1) the space consumed for storage of parts for the third unit;
2) the liability as to who is responsible for parts and materials stored in the plant should something be damaged;
3) the reliability of the two remaining units to be overhauled.
Recommendation In the future, GRDA should follow Title 16 U.S. Code section 803 (b) and obtain written approval from FERC before starting work on projects.
Views of Responsible
Officials GRDA agrees with the assessment and has become more compliance-oriented as represented by recent staff, transmission, and other infrastructure upgrades to address FERC and NERC requirements. Executive management and the Board will continue to implement a culture of compliance.
Board’s Selection for the Director of Investments Position
74 O.S. § 3601.2.A.3 sets the limit of compensation for the CEO at $137,239. Based on conversation with certain Directors, this limitation has imposed difficulties in recruiting a qualified CEO with significant and relevant public utility experience. In June 2008, 82 O.S. § 864.2 (see full statute in Appendix E) authorized the Board to select a director of investments (DI). This newly created position has a salary limit of 90% of the general manager’s salary of the Oklahoma Municipal Power Authority (OMPA). On July 8, 2009, the Board approved a contract specifying that the CEO would assume the duties of the DI and receive the higher salary of that position ($225,000) rather than the lower salary for the CEO. For unknown reasons, the CEO chose not to accept the higher salary from January 2010 through April 2010. However, during the period May 2010 through January 2011, his new salary appears to have exceeded the statutory limit by a total of approximately $7,000. It appears the DI position was created to allow GRDA to circumvent the statutory limit on the compensation of the CEO.
The DI position seems redundant to the position of Treasurer/ CFO, which according to GRDA policy 5-2 III, “. . . shall provide oversight and supervision of the investment policy and shall report directly to the general manager (CEO) on all matters relating to the policy. . . .” According to the CFO, she is responsible for working with and helping support ten of the 14 specified duties of the DI. Additionally, given the duties of the DI as specified in statute are much less rigorous and frequent than those of the CEO, it appears unreasonable the compensation for that position is so much higher than that of the CEO especially in comparison to other state entities that have significant investment activities and have DI type positions.
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Recommendation The attorney general’s office should review the possible overpayment to the CEO to determine if further action is warranted.
In addition, the legislature should determine and establish a salary commensurate with the level of responsibilities of the CEO position and develop a requirement for significant and relevant public utility experience. From conversations with certain Directors, it seems clear from the most recent recruitment effort by the GRDA that they were unable to attract candidates with the desired credentials at the current level of compensation for this position. For example, one Director indicated a desired candidate who appeared to have been qualified for the position of CEO with relevant public utility experience could not meet the qualifications for the DI. Therefore, this person was not hired as CEO, but was instead hired into a newly created position where this limitation would not exist.
If the statutory compensation level for the CEO is increased to allow recruitment and retention of individuals with the necessary relevant public utility experience, the legislature should eliminate the DI position, as approved policy already assigns the majority of the duties to the CFO. Should the legislature decide the DI position is needed, GRDA management should develop a formal process for obtaining the correct OMPA salary data and retaining the supporting documentation used in making the DI salary calculation.
Views of Responsible
Officials GRDA will update its policies and job descriptions to comply with the state statute which requires the DI to perform the duties in question, instead of the CFO. While GRDA was fortunate to hire a new CEO who also possesses the qualifications of a DI, the Board would support statutory changes to reflect an appropriate CEO salary.
GRDA has filed an open records request with OMPA to verify the total compensation of its General Manager. GRDA believes its CEO’s total compensation for the period in question did not exceed statutory limitation. According to his 2010 W2, the CEO’s total compensation was $198,368.35.
Auditor���s Response The potential overpayment occurred from May 2010 to January 2011 rather than on annual basis. This was a result of using incorrect data in calculating the new salary.
Management’s Attitude Related to Travel
An effective internal control system should provide for appropriate review of expenditures to ensure compliance with applicable policies, procedures and state law. In addition, management should establish an environment where procedures are to be followed, particularly by management, who should set the example for employees.
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In reviewing the supporting documentation for a selection of payments made to employees for travel during the period January 1, 2009 to March 31, 2011, we noted there appears to be a review process in place; however, the effectiveness of this review could be questioned due to the exceptions we noted. Some of the exceptions are summarized below; see Appendix F for full listing and details:
• Excessive vicinity mileage claimed given the nature of business identified. For example:
o CEO made four trips from his home to the airport with vicinity miles ranging from 15 to 25 ($43);
o The technical writer and property development assistant superintendent made 10 GRDA related shopping trips in Tulsa with vicinity miles totaling 408 ($205) and one three day visit to Oklahoma City included 300 vicinity miles ($153) for an office move and purchases;
o CEO claimed 55 vicinity miles in Oklahoma City for a conference held at the Skirvin Hotel, where he stayed ($30).
• Documented nature of business for trips was too
vague for an independent person to properly
evaluate the reasonableness of the trip (e.g.
“Capitol,” “meeting,” “ECC,” etc.). For example,
we could not determine the nature of business for
23 of 24 selected trips made by the COO ($3,999).
The documented nature of business for seven of the
COO’s trips (three of which were included in the 24
trips mentioned in the previous sentence) indicates
the purpose was to meet with the CEO in Tulsa;
however, the CEO’s travel claims do not appear to
indicate he was in Tulsa on those days. See
comparison in Appendix E. We attempted to obtain
additional information from the CEO’s schedule;
however, his Microsoft Outlook account could not
be recovered by GRDA’s information technology
staff.
• Two rental car reimbursements by the CEO where
the expense appears excessive to the needs of the state:
o A Chevrolet Camaro was rented in Palm Springs, California for $362 and driven 43 miles. The CEO stayed at the conference location and also incurred $200 in taxi fares;
o A full sized car (e.g. Chevrolet Impala) was rented in Las Vegas, Nevada for $253 and driven 212 miles. The CEO stayed five miles from the conference location and did deduct $64 for one day’s personal use of the car.
• The COO received a duplicate payment of $162 for trips made during the period August 13 through 16, 2009. The original request was made on August 19, 2009 and a duplicate request was made on December 22, 2009.
• Claiming mileage reimbursement on weekends:
o CEO and COO received $67 and $66, respectively, in mileage reimbursement for driving to Vinita because it was a weekend; Grand River Dam Authority
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o Technical writer and property development assistant superintendent received $18 in mileage reimbursement for GRDA related shopping trips on a weekend.
In addition, we also noted some procedural concerns:
• Subordinates complete the CEO’s and COO’s travel reimbursement vouchers, and in the case of the COO, mileage tickets designed to document the nature of business and mileage are also completed by a subordinate. In addition, the CEO did not consistently sign his travel reimbursement voucher forms.
• Travel reimbursement voucher forms are not consistently approved by either the CEO or COO.
• Documentation to justify the need for actual and necessary reimbursement is not occurring and often times, the form does not indicate the expense is actual and necessary. In a case where the claim did indicate actual and necessary, but the justification was not noted, the CEO was reimbursed $68 described as “room upgrade.” The hotel receipt indicates this was for high speed internet ($11), a “special room charge,” ($50) and room tax ($7).
The CEO and COO were submitting travel reimbursements which include reimbursements more than 30 days after the travel occurred, resulting in some of the errors discussed. Even though there appear to be reviews prior to payments being processed, the previously discussed poor control environment could lead to subordinates being uncomfortable questioning executive management regarding certain expenditures. This environment increases risk for abuse and overpayments.
Recommendation The payments related to the CEO’s use of rental cars, the COO’s lack of justification for travel and duplicate payment will be referred to the attorney general for consideration.
Although a new CEO has been hired, this alone will not fully address the issue. Management should ensure travel policies and procedures are followed by all employees, especially executive management. New management and the Board need to be cognizant of the risks associated with this type of environment and begin working toward evaluating and addressing the situation to ensure the mission of the GRDA is accomplished in the most efficient manner possible.
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Views of Responsible
Officials As previously mentioned, GRDA’s travel policies and procedures will be presented to the Board for updates and approval. Further, GRDA has enhanced the reporting of travel expenditures to the audit committee for greater oversight of executive management. GRDA will take this opportunity to initiate training on the soon to be updated travel policies and procedures. Particular emphasis on the importance of documenting the business purpose and vicinity miles will be included for all GRDA employees who submit claims for travel.
When made aware of the overpayment by the auditors at the exit conference, the COO reimbursed GRDA for the full amount in question.
Corporate Attitude Related to Expenditures
State statutes recognize GRDA as a unique agency; as a result, we noted GRDA appears to have an attitude similar to a corporation rather than a governmental entity regarding expenditures. Examples (January 1, 2009 to March 31, 2011) which may not necessarily be considered normal governmental purchases include:
P-Card Purchases:
• $66 for ice supplies (ice scrapers, de-icer, ice shields) for GRDA cars located at the administration building;
• $50 for a sound diffuser for the purchasing superintendent’s office because the walls of the office do not extend all the way to the ceiling. This device allows personnel related conversations and other meetings to be held within the office without disrupting employees in the neighboring offices;
• $125 for retirement parties supplies;
• $1,316 in kitchen necessities (flatware sets, beverage sets, dinnerware sets, double burner, etc.) for the ECC kitchen14
Employee Reimbursements: . GRDA executive management indicates the necessity for the kitchen items is that, unlike other state agencies, this facility is located in a rural area which does not provide the convenience of multiple eating establishments. Therefore, most employees bring their meals and the dining related items purchased should be considered “green” because these items can be reused and do not have to be thrown away.
• $497 in purchases by the CEO for a digital camera and charger to be used to photograph events and people who visited the Eco for inclusion in GRDA publications;
• $18 in décor magazines for construction ideas;
• $109 for two sound diffusers which were placed in an open cubicle area to help reduce the effect of multiple employees sitting in one area. Management felt this was a less expensive option than installing sound absorption panels in the ceiling;
• $9,100 for kitchen necessities (dinnerware sets, flatware sets, beverage sets, napkins, tablecloths, kitchen towels) and décor items (clocks, decorative art, flowers, ceramics) for the ECC and Eco buildings. According to GRDA executive management, some of the kitchen purchases relate to the fact that GRDA rents out
14 This is just one purchase related to these types of items. Other p-card holders were also making similar purchases. Grand River Dam Authority
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One employee charged over $2,300 in a single transaction to their personal credit card instead of using their p-card.
areas of the Eco building for catered events and meetings. Executive management further explained that a large majority of the items are used by employees for catered lunches that increase the productivity of the individuals in the meetings by working through the noon hour.
In addition, we also noted some procedural concerns:
• Original receipts are not always being submitted with reimbursement requests. We noted receipt copies were provided for $7,852 reimbursed purchases. In addition, supporting documentation for $147 in employee reimbursements did not include receipts.
• Unlike other employees, the CEO does not complete the “Business Meals Reimbursement” form. Instead a “Notarized Claim Voucher” form is completed and the meal receipt is supplied with notes documenting who attended and the purpose of the meeting.
• The CEO does not consistently sign the “Notarized Claim Voucher” form. Of the ten forms reviewed, only two were signed.
• Consistent approval of the CEO’s reimbursements does not appear to be occurring. Of the ten forms reviewed, seven reimbursements were not approved.
This type of attitude creates the opportunity for fraud and abuse to occur as well as for animosity among employees to grow.
Recommendation GRDA is a state agency. As such, management and the Board should be cognizant of the perception these types of expenditures create and exercise prudence with the legislative authority they have been given.
Views of Responsible
Officials GRDA will retrain individuals and reinforce the responsibilities involved in the procurement process to verify expenditures are necessary and appropriate in both fact and perception to carry out the mission of GRDA.
Effective Use of P-Card Program
In reviewing $10,154 in reimbursements made directly to five p-card holders during the period January 1, 2009 to March 31, 2011, we identified $7,598 in purchases (kitchen supplies, décor items, iPads, sound machines) which could have been bought on the p-card eliminating the $314 in sales tax that was paid.
In addition, we identified two instances where the travel p-card holder appears to have made hotel reservations for the CEO but did not pay with the p-card. The CEO ultimately paid for the hotel personally and was later reimbursed.
Employees have used their own money for GRDA expenses when other procurement methods were available. This could present an undue hardship on the employees as they wait for reimbursement from GRDA. For example, one employee charged over $2,300 in a single transaction to their personal credit card instead of using their p-card. Grand River Dam Authority
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In addition, many of the items purchased are easily convertible to personal use. Failure to maximize p-card use could impact the rebate amount GRDA receives for using the card.
GRDA policy does address business expenses but does not discuss employee reimbursements.
Recommendation As some employees appear to be receiving reimbursement for non-business expense related items, a policy addressing these reimbursements should be developed. GRDA could implement a policy similar to OSF’s, which is applicable to other state agencies. It allows employees and officials to receive reimbursement for certain miscellaneous emergency purchases or other purchases when normal purchasing procedures cannot occur.
Views of Responsible
Officials Except in emergency or unusual circumstances – approved by the CEO – employees will be directed to utilize the P-Card for valid business expenses.
Authority for Car Allowance
GRDA Board policy 8-1 (see Appendix G) authorizes specific employees to receive a car allowance. This policy is based on 82 O.S. § 864.B which allows the CEO to establish employees’ compensation. During the period of January 1, 2009 to March 31, 2011, according to executive management, nine employees received a monthly car allowance.
We spoke with OPM’s assistant administrator for management services and reviewed various state statutes and attorney general opinions regarding the payment of car allowances. The assistant administrator indicated he was not an attorney and cannot speak to the legality of the payments; however, when other state agencies ask about providing allowances to employees, he recommends the agency just increase the employee’s salary.
We could not locate any statute or attorney general opinions related specifically to providing employees with car allowances; therefore, we cannot speak to the legality of GRDA’s interpretation that a car allowance can be granted as part of compensation.
GRDA may be providing car allowances to employees without statutory authority.
Recommendation We acknowledge GRDA does have the statutory authority to set its employees’ compensation; however, given our discussion with personnel at OPM, we feel that it would be in GRDA’s best interest to obtain an official attorney general opinion addressing car allowances.
Views of Responsible
Officials In 2012, GRDA will conduct a three-month study on executive management mileage and trends. A recommendation will be made to the Board for their review and approval. Upon completion of that study, if it is determined that car allowances would be cost effective for GRDA to continue with selected employees, an official attorney general opinion will be sought.
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We identified potential cost savings of approximately $8,400 had the CEO been provided a car allowance.
Use of Car Allowance
In reviewing travel payments made to employees for the period January 1, 2009 to March 31, 2011, we noted three of the top four reimbursed employees qualified to receive a car allowance as specified by GRDA policy. The highest reimbursed employee, the CEO, does not qualify for a car allowance because his salary is set by statute and GRDA felt providing him with a car allowance would not comply with the statute. Attorney general’s opinions appear to indicate that when it is the legislature’s intent to provide a car allowance to officials with salary limitations, specific statutory authority is granted. GRDA executive management indicated a GRDA car was not provided to the CEO primarily because they did not want to have the appearance that he was using the vehicle for commuting purposes.
Using the map miles and vicinity miles claimed on the CEO’s travel reimbursements, we identified potential cost savings of approximately $8,400 had a car allowance been paid.
The remaining three of the top four reimbursed employees were the COO, the properties superintendent, and the business development and marketing superintendent. Based on information provided by GRDA executive management, it appears the decision not to provide the three employees with a car allowance was the consideration of their circumstances or preference. Although this factor is important, management should also be considering other potential fiscal impacts of providing, or not providing, a car allowance. It should be disclosed that as of May 2011, all of these employees began receiving a car allowance payment.
Recommendation Assuming GRDA obtains an official attorney general opinion authorizing them to pay employees car allowances, the process for determining which employees should receive an allowance should be evaluated. GRDA should continue to use Board policy 8-1 and employees’ circumstances or preferences in making the decision; however, additional fiscal factors should be included in this decision. Such factors could include consideration of the amount of travel reimbursements paid to the employee and the time other employees spend in assisting in the preparation, reviewing and processing of travel payments for these employees.
In addition, considering the amount of travel paid to the CEO, the Board and GRDA executive management should work with the legislature to obtain statutory authority for providing the CEO position with either a GRDA car or a car allowance.
Views of Responsible
Officials As previously mentioned, GRDA intends to conduct a three-month study on executive management mileage trends. The factors cited by the State Auditor will be included in this study. If needed, a solution may be sought from the legislature or with an official attorney general opinion.
Conclusion GRDA has broad legislative authority and has adopted a corporate approach in many of its operations even though they are a state agency managing state assets. GRDA executive management and Board appear to demonstrate a concern for the legality of Grand River Dam Authority
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their actions; however, the appearance and potential effect of their actions may not always be considered.
It is difficult to quantify the impact the actions discussed on the previous pages had on GRDA’s core statutory mission. However, what can be measured is the cultural influence on certain portions of the GRDA employee base. This culture, established by executive management and the Board, has increased GRDA’s exposure to fraud, waste, and abuse and is one of the main factors contributing to many of the observations noted in this report.
Objective 2 - Determine if the current structure of the GRDA is in the best interest of Oklahoma.
Due to the complexity of GRDA’s operations, the Oklahoma State Auditor and Inspector’s Office contracted with Oklahoma City University’s (OCU) Steven C. Agee Economic Research & Policy Institute to perform this objective. OCU’s conclusion and report can be found on the following pages. A response was not sought from GRDA given the nature of their report.
Conclusion Originally established as a conservation and reclamation district in 1935, the GRDA today serves as a significant source of power generation for communities across the state and as the principal agency overseeing natural resource management in Northeastern Oklahoma. The GRDA was modeled after the ideals of the Tennessee Valley Authority and operates with the freedom and flexibility of a private enterprise while enjoying the benefits of a state agency. As a state agency, GRDA enjoys a tax-exempt status for both the organization and its bondholders. The value of the tax-exemption serves as an implicit state subsidy provided to the GRDA by the citizens of Oklahoma. This project was tasked with evaluating whether continued status quo operations are in the best interests of the taxpayers of Oklahoma.
The question is made sufficiently complicated by the inclusion of the word “best” in its charge. The operations of GRDA are almost certainly favorable to many citizen taxpayers of Oklahoma and there are certainly alternative operating structures that would likewise serve the interests of Oklahomans. Defining the best interests of the state as a whole is left, rightfully, to be determined through conversations between policymakers and their constituents.
Should reform be deemed desirable, the logical starting point for further research would be to determine the current size and distribution of the subsidy GRDA currently enjoys and externally evaluate the market value of GRDA assets. If, based on these findings, reform proposals move forward they could entail any number of alternatives to capture the subsidy at the state level including revenue diversion, contracting, and asset divestiture. Each option presents unique challenges and requires careful consideration to ensure avoidance of unintended consequences to the labor force, existing state agencies, and the quality of power service to Oklahoma residents.
At its core, this remains a question of state tax system design. Any reform will have economic consequences that stretch beyond the balance sheet and geographic boundaries of the GRDA. Recovering the subsidy will alter the distribution of tax burdens and benefits to citizens and should be evaluated against reasonable alternatives Grand River Dam Authority
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– including tax reforms that would accomplish the same objectives without significant change to the operating status of the GRDA. Thoughtful conversations, thorough research, and careful considerations of the alternatives are pre-requisites to satisfying the condition that the best interests of the taxpayers of Oklahoma are met.Grand River Dam Authority
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Items for Future Consideration
During the course of the engagement, issues came to our attention that merit consideration. Procedures related to these issues were not performed.
• The Board is asked to address a variety of technical and complicated issues. 82 O.S. § 863.2 outlines the provisions of appointing the Directors and states that five are appointed to serve one seven-year term, while the remaining two Directors serve ex-officio representing their organizations and may serve for undetermined terms.
While we believe a complete review of the statute is warranted, we feel the legislature should specifically review article (J) and consider modifying the terms for the five appointed Directors from seven years to five years. This would allow for the appointment of one Director each year thus providing greater over-site by the governor and legislature.
Additionally, consideration should be given to allowing Directors to serve more than one term if recommended by their appointing authority.
• The legislature should consider if it is in the best interest of Oklahoma for GRDA to continue operating with such broad statutory authority.
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APPENDIX B
SOURCE: GRDA 2010 comprehensive annual financial report – 2010
Dark shading represents GRDA’s district. Grand River Dam Authority
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APPENDIX C
SOURCE: GRDA Board minutes and conversation with the corporate secretary.
NOTE: Board minutes indicate only six directors were appointed during certain periods of time.
Table 5 – Board Director Meeting Attendance
Date
Directors Attending
Attendance Percentage
January 14, 2009
6 of 7
86%
February 11, 2009
Meeting cancelled due to lack of quorum.
February 18, 2009
5 of 7
71%
March 11, 2009
Meeting cancelled because of special meeting held on 2-18-09.
April 8, 2009
6 of 7
86%
May 13, 2009
6 of 7
86%
June 10, 2009
7 of 7
100%
July 8, 2009
5 of 7
71%
July 21, 2009
7 of 7
100%
August 2009
Meeting cancelled because of special meeting held on 7-21-09.
September 9, 2009
5 of 7
71%
October 14, 2009
4 of 7
57%
November 2009
Meeting cancelled due to lack of quorum.
December 9, 2009
6 of 7
86%
January 13, 2010
4 of 7
57%
February 10, 2010
4 of 7
57%
March 25, 2010
5 of 6
83%
April 14, 2010
5 of 6
83%
May 12, 2010
Meeting cancelled due to lack of quorum.
June 9, 2010
6 of 7
86%
July 14, 2010
4 of 7
57%
August 11, 2010
Meeting cancelled due to lack of quorum.
September 8, 2010
5 of 7
71%
October 2010
Meeting cancelled because agenda was light.
November 3, 2010
5 of 7
71%
December 8, 2010
4 of 7
57%
January 12, 2011
4 of 7
57%
February 9, 2011
Meeting cancelled due to lack of quorum.
March 11, 2011
4 of 6
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APPENDIX D
Standard and Poor’s credit ratings from 2005 through 2011 for GRDA, Oklahoma Municipal Power Authority (OMPA), South Carolina Public Service Authority (Santee Cooper), Lower Colorado River Authority (LCRA), Nebraska Public Power District (NPPD) and GRDA. See below:
YearOMPASantee CooperLCRANPPDGRDA2005A/StableAA-/NegativeA/StableA/StableBBB+/Negative2006A/StableAA-/StableA/StableA/StableBBB+/Stable2007A/StableAA-/StableA/StableA/StableBBB+/Stable2008A/StableAA-/StableA/StableA/StableA-/Positive2009A/StableAA-/StableA/StableA/StableA/Stable2010A/StableAA-/StableA/StableA/StableA/Stable2011A/StableAA- /stableA/StableA/StableA/Stable
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APPENDIX E
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APPENDIX F
Trips made by the CEO to the airport for out of state trips
Date(s)
Trips (Nature of Business)
Map Miles Round Trip
Vicinity Miles
06/15/09 – 06/17/09
Home – Tulsa – Home (airport – APPA Conference)
30
21
10/03/09 – 10/06/09
Home – Tulsa – Home (airport – APPA Conference)
30
25
01/12/10 – 01/14/10
Home – Tulsa – Home (airport – FERC meeting)
30
15
09/21/10 – 09/30/10
Home – Tulsa – Home (airport Accounting Conference Seminar)
30
20
Trips where vicinity miles appear excessive given the nature of business identified
Date(s)
Trips (Nature of Business)
Map Miles Round Trip
Vicinity Miles
CEO
04/28/09 – 04/29/09
Home – OKC – Home (SPP Meeting, Lobby Team Meeting). NOTE: Employee stayed at hotel where meeting was held.
234
55
06/03/09 – 06/04/09
Home – OKC – Home (Court decision meeting and meeting on future claims)
234
43
02/05/10
Office – Afton – Langley – Home (follow up on OKC meeting, retaining wall review, Eco Building)
53
37
Properties Superintendent
07/16/09
Office – Tulsa – Office (FF&E Selection; pick up sample)
132
41
12/01/09
Office – Locust Grove – Office (Monthly Construction Meeting)
86
17
12/23/09
Office – Locust Grove – Langley – Office (Construction check waterline)
86
18
Technical writer and property development assistant superintendent
08/10/10
Home – Locust Grove – Office (Bi-monthly meeting)
86
19
08/11/10
Home – Chouteau – Home (Department of Homeland Security meeting)
68
33
08/25/10
Home – Locust Grove – Home (Spider be gone)
86
19
09/07/10
Office – Locust Grove – Home (Bi-monthly meeting, drop office check at CFC for race for the cure)
86
19
09/08/10
Office – Locust Grove – Office (Scott Rice site visit)
86
19
09/27/10 – 10/01/10
Home �� OKC – Home (CPO Training)
234
164
11/10/10
Home – Tulsa – Office – Home (ECC purchases)
140
33
11/18/10
Office – Tulsa – Home (Purchases)
65
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Date(s)
Trips (Nature of Business)
Map Miles Round Trip
Vicinity Miles
Technical writer and property development assistant superintendent - continued
12/08/10 – 12/09/10
Office – OKC – Home (OKC Office remodel)
269
63
12/13/10
Office – Tulsa – Home (Pick up draperies for ECC)
65
65
12/15/10
Home – Vinita – Tulsa – Home (meeting in Vinita, purchases for Vinita)
140
14
12/16/10
Locust Grove – Langley – Tulsa – Home (meeting with properties superintendent at ECO, attempted to drop off fabric but they were closed)
107
16
12/17/10
Home – Tulsa – Locust Grove- Tulsa – Home – Locust Grove – Home (Drop off fabric for draperies and pick up frames for NERC)
173
68
12/27/10
Home – Tulsa – Home (ECC & ECO Purchasing)
30
73
12/28/10
Home/Office – Tulsa – Home/Office (ECC & ECO Purchasing)
65
37
12/29/10
Home – Tulsa – Office (purchase frames for ECC)
65
29
01/03/11
Office – Tulsa – Office (draperies for ECC)
100
33
01/19/11
Langley – Locust Grove – Tulsa (partition for front desk)
52
22
01/21/11
Tulsa – Locust Grove – Tulsa (ECC purchases, furniture meeting with properties superintendent)
52
28
01/24/11 – 01/27/11
Home – OKC – Home (OKC Office Move, OKC Office Purchasing and Pro Presenters Meeting)
210
300
01/28/11
Tulsa – Locust Grove – Langley (ECC signage meeting and ECC furnishings)
52
44
02/08/11
Tulsa – Locust Grove – Tulsa (Scott Rice furniture meeting)
52
26
02/15/11
Tulsa – Locust Grove – Tulsa (workspace delivery)
52
37
02/23/11
Tulsa – Locust Grove – Tulsa (pest control meeting and NERC meeting)
52
19
Trips where the nature of business was not documented or was vague:
Date(s)
Trips (Nature of Business)
Map Miles Round Trip
Vicinity Miles
CEO
12/18/08
Home – Cushing – Home (not documented)
122
8
03/24/09 – 03/26/09
Home – OKC – Chandler – Home (not documented)
236
62
04/07/09
Home – Tulsa – Home (meeting with Director)
30
18
05/04/09
Home – Tulsa – Home (not documented)
30
24
06/24/09 – 06/25/09
Home – Norman – OKC – Home (not documented)
269
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Date(s)
Trips (Nature of Business)
Map Miles Round Trip
Vicinity Miles
COO
01/06/09
Office – OKC – Office (work in OKC Office)
336
18
01/09/09
Office – Tulsa – Office (meeting with CEO)
132
20
01/15/09
Office – Tulsa – Office (meeting with CEO)
132
12
01/22/09 – 01/23/09
Office – OKC – Office (meeting with KAMO)
336
16
02/18/09 – 02/19/09
Office – Chandler – OKC – Office (board meeting; went to Capitol in OKC)
338
20
02/25/09
Office – Tulsa – Office (Seminole Energy)
132
10
02/02/10 – 02/04/10
Office – OKC – Office (Capitol)
336
40
02/07/10 – 02/11/10
Home – OKC – Office (Capitol)
359
40
02/15/10 – 02/18/10
Home – OKC – Office(Capitol)
359
40
02/23/10 – 02/25/10
Office – OKC –Office – Langley – Office (Capitol and Eco)
370
38
03/01/10 – 03/04/10
Office – OKC – Office – Langley – Home (Capitol and Eco)
370
38
03/08/10 – 03/11/10
Office – OKC – Office (Capitol)
336
40
03/15/10 – 03/18/10
Office – OKC – Tulsa – Vinita (Capitol and meeting with auditors, Tulsa)
339
44
03/22/10 – 03/24/10
Office – OKC – Vinita (not documented)
336
40
03/30/10 – 04/01/10
Office – OKC – Office (not documented)
336
30
04/05/10
Office – OKC – Office (Capitol)
336
36
04/13/10 – 04/15/10
Office – OKC – Office (Capitol)
336
20
04/19/10 – 04/21/10
Office – OKC – Office (Capitol)
336
48
04/26/10 – 04/28/10
Office – OKC – Office (Capitol)
336
58
05/03/10 – 05/06/10
Office – OKC – Office (Capitol)
336
53
05/11/10
Office – Langley – Tulsa �� Office (meeting with CEO)
151
11
05/17/10 – 05/20/10
Office – OKC – Office (Capitol)
336
58
05/24/10 – 05/28/10
Office – OKC – Office (Capitol)
336
68
Properties Superintendent
11/24/09
Office – Locust Grove – Office (Meeting)
86
19
12/21/09
Office – Langley – Office (not documented)
34
12
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COO’s meetings with CEO in Tulsa
Date
COO’s Destination
CEO’s Destination
01/09/2009
Vinita – Tulsa – Vinita
Broken Arrow – Mannford – Cushing – Broken Arrow
01/15/2009
Vinita – Tulsa – Vinita
No travel reported
01/21/2009
Vinita – Tulsa – Vinita
No travel reported
01/30/2009
Vinita – Tulsa – Vinita
Vinita – Langley – Bernice – Vinita
02/05/2009
Vinita – Tulsa – Vinita
OKC – Broken Arrow
02/17/2009
Vinita – Chouteau – Tulsa – Vinita
Broken Arrow – Chouteau – Pryor – Broken Arrow
05/11/2010
Vinita – Langley – Tulsa – Vinita
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Additional InformationCEO01/02/09 - 01/09/091/20/2009340.00XApproval not datedCEO12/02/08 - 12/09/081/20/2009928.13XXCEO12/10/09 - 12/18/091/20/2009326.91XXNature of business for 12/18 trip not documentedCEO12/21/08 - 12/24/091/20/2009332.69XXNature of business vague. 12/24 trip indicates "after return from OKC - to CFC & Kerr"CEO12/29/08 - 12/31/081/20/2009240.85XXCEO04/28/09 - 05/01/095/8/2009523.93XRoom rate exceeded CONUS, not documented as actual and necessary nor justified.CEO05/04/09 - 05/08/096/25/2009437.05XXCEO05/13/09 - 05/28/096/25/2009867.60XXXTwo pieces of luggage were reimbursed without justification.CEO06/01/09 - 06/10/096/25/2009339.55XXNature of business vague. 6/1 trip states "Eco Building"CEO06/10/09 - 06/22/096/25/2009514.80XXCEO6/23/20096/25/200950.05XXCEO06/24/09 & 06/25/096/25/2009249.90XXCEO09/14/09 - 09/21/0911/2/2009495.78XXNature of business vague. 9/21 trip states "transmission office"CEO09/22/09 - 09/29/0911/2/2009957.20XXCEO09/30/09 - 10/11/0911/2/20091,401.64XXXXReceipt indicates two pieces of luggage were reimbursed, $200 in taxi receipts, two trips from airport to hotel and two return trips. Claimed mileage to duty station for weekend.CEO10/14/09 - 10/20/0911/2/2009259.65XXCEO10/3/09 - 10/06/094/7/2010362.57XCEO01/27/10 - 02/04/104/7/2010273.10XXCEO02/05/10 - 02/10/104/7/2010138.00XNature of business vague. 2/5 trip states "Eco Bldg" & 2/9 trip states "Pryor CEO02/10/10 - 02/24/104/7/2010416.20XNature of business vague. 2/22 trip states "Eco Bldg".CEO02/24/10 - 03/03/104/7/2010445.76XCEO03/03/10 - 03/10/104/7/2010190.00XCEO03/10/10 - 03/20/104/7/20101,123.85XCEO04/13/10 - 04/17/104/22/2010535.35XXXRoom rate exceeded CONUS, not documented as actual and necessary nor CEO01/04/10 - 01/08/104/22/2010247.90XXCEO01/11/10 - 01/21/104/22/2010526.55XXXRoom upgrade listed as actual and necessary, but not justifiedCEO01/22/10 - 3/25/104/22/2010243.50XXNature of business for 1/25 trip not documented.CEO03/31/10 - 04/10/104/22/2010831.82XXNature of business vague. 3/31 states "lunch mtg", 4/1 states "lunch mtg", and 4/5 "eco building"CEO08/19/10 - 08/26/1010/11/2010428.80XXNature of business vague. 8/19 trip states "Pryor Transmission Office"CEO08/27/10 - 09/09/1010/11/2010419.70XXNature of business vague. 9/2 trip states "OKC - Office"CEO09/10/10 - 09/15/1010/11/2010275.10XXNature of business vague. 9/14 trips states "Eco Bldg" and 9/15 states "OKC Office"CEO09/16/10 - 09/30/1010/11/20101,118.40XXXRoom rate exceed CONUS and designated hotel rate. Documentation indicates designated hotel was full; documentation this is actual and necessary not noted.CEO10/26/10 - 11/02/101/7/2011382.20XXNature of business vague. 10/28 trip states "work out of OKC office"Official's approvalCorrect Per Diem AmountCorrect Lodging AmountSupported by ReceiptsCorrect MilesTravel DatesDate SubmittedAmt PaidEmployee TitleEmployee Signatu
An “X” indicates an error was noted for this item. Grand River Dam Authority
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Additional InformationCEO11/04/10 - 11/10/101/7/2011196.50XXCEO11/12/10 - 11/22/101/7/20111,106.17XXXNature of business for 11/16 to 11/19 trip not documented. Reimbursed for two pieces of luggage without justification.CEO11/23/10 - 12/01/101/7/2011458.40XXNature of business vague for 11/29 trip states "ECO - Vinita"CEO12/02/10 - 12/03/101/4/201181.00XXsuperintendent fiscal services08/16/09 - 08/18/098/19/2009238.42XCEO08/31/09 - 09/10/0912/4/2009940.71XXCEO11/03/09 - 11/13/0912/4/2009317.85XXCEO11/16/09 - 11/23/0912/4/2009297.35XXNature of business for 11/16 trip states "ECO - Langley"CEO11/24/09 - 11/25/0912/4/200959.40XX Nature of business for 11/24 trip states "Transmission Office"business development and marketing superintendent06/19/10 - 06/25/106/30/2010599.44XXPer diem calculated more than 24 hours before event. Luggage receipts did not document number of bagsbusiness development and marketing superintendent06/28/10 - 06/29/106/30/2010170.51Xcertified power line clearance technician07/06/10 - 07/08/107/12/2010103.50Xcertified power line clearance technician07/19/10 - 07/23/107/23/2010195.50Xcertified power line clearance technician08/16/10 - 08/20/108/20/2010195.50Xasst. superintendent generation and marketing systems operations09/16/10 - 08/18/109/2/2010256.17Xasst. superintendent generation and marketing systems operations8/24/20109/2/201062.00Xrelay engineer09/20/10 - 09/23/109/24/2010206.75XCould not validate mileage claimed based on documented informationbusiness development and marketing superintendent01/01/11 - 01/30/112/15/2011607.02XLodging noted as actual as necessary; justification not documented; was approved by CEO.Superintendent Technical02/28/11 - 03/02/113/9/2011142.00XTotals22,458.7233464164An "X" indicates an error was noted for that item.Employee TitleTravel DatesDate SubmittedAmt PaidCorrect Lodging AmountSupported by ReceiptsEmployee SignatureOfficial's approvalCorrect MilesCorrect Per Diem Amount
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APPENDIX G OFFICE OF THE STATE AUDITOR AND INSPECTOR
2300 N. LINCOLN BOULEVARD, ROOM 100
OKLAHOMA CITY, OK 73105-4896
WWW.SAI.OK.GOV

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PERFORMANCE AUDIT
Grand River Dam Authority
For the period July 1, 2003 through March 31, 2011
Oklahoma State
Auditor & Inspector
Gary A. Jones, CPA, CFE
Independently serving the citizens of Oklahoma by promoting the
accountability and fiscal integrity of governmental funds.This publication, issued by the Oklahoma State Auditor and Inspector’s Office as authorized by 74 O.S. § 213.2.B,
has not been printed, but is available on the agency’s website (www.sai.ok.gov) and in the Oklahoma Department of
Libraries Publications Clearinghouse Digital Collection, pursuant to 74 O.S. § 3105.B.
Audit Report of the
Grand River Dam Authority
For the Period
July 1, 2003 through March 31, 2011
December 8, 2011
TO THE HONORABLE MARY FALLIN, GOVERNOR OF OKLAHOMA
This is the audit report of the Grand River Dam Authority for the period July 1, 2003 through March 31, 2011. The goal of the State Auditor and Inspector is to promote accountability and fiscal integrity in state and local government. Maintaining our independence as we provide this service to the taxpayers of Oklahoma is of utmost importance.
We wish to take this opportunity to express our appreciation for the assistance and cooperation extended to our office during our engagement.
Sincerely,
GARY A. JONES, CPA, CFE
OKLAHOMA STATE AUDITOR & INSPECTOR This audit was conducted at the request of the governor in accordance with 74 O.S. § 213.2.B. The audit period covered was July 1, 2003 through March 31, 2011 unless noted otherwise in the body of the report. The objectives of the audit were to:
1) Determine whether executive management’s and the board of directors’ actions have been consistent with the statutory mission of the GRDA.
2) Determine whether the current structure of the GRDA is in the best interest of Oklahoma.
What the Oklahoma State Auditor and Inspector Found
 Employee survey results and interviews revealed a volatile environment increasing GRDA’s exposure to fraud, waste, and abuse. – page 5;
 Sporadic attendance at board meetings by the Board of Directors (Board) could hinder their ability to properly and effectively make decisions that are in the best interest of GRDA’s mission and for the State of Oklahoma. – page 5;
 Since 2004, internal policies have been created and modified, and administrative rules have been filed. However, not all policies have been presented to the Board for review and approval, which could hinder their ability to properly and effectively make decisions that are in the best interest of GRDA’s mission. – page 7;
 Credit ratings have improved since 2004 due to increased rates, new long term contracts, improved debt service coverage and diversification of resources. GRDA’s credit rating is just below the median rating of its peers. – page 9;
 The approximate $140,000 in resources devoted to expand the South Grand Lake Airport Authority was not approved by the Board as required by state law. The economic impact of the project is unknown; as a result, one could question if this was the best use of GRDA’s resources, their ratepayers’ money, and whether it was appropriate given GRDA’s mission. – page 9;
 Patterns appear to exist where executive management and the Board have acted in manners which could have potentially exploited their official capacities for personal benefit. Failure to disclose the following situations has led to concerns over potential conflicts of interests:
o A family friendship exists between GRDA’s superintendent of properties and programs (properties superintendent) and Crossland Constructions’ project manager. The properties superintendent was responsible for the oversight of two large construction projects built by Crossland totaling approximately $13 million. The relationship was not disclosed and could have provided an unfair advantage in Crossland’s bid preparations. – page 10;
o A relationship appears to exist between the board chairman and one of GRDA’s vendors, PELCO Structural (PELCO), because the president of PELCO is both the board chairman’s brother-in-law and employee. The relationship was not disclosed and could have created an opportunity for PELCO to have received an unfair advantage related to the approximately $5.2 million in GRDA contracts they were awarded. – page 12;
 Office of Personnel Management studies indicate classified employees’ salaries have increased disproportionate to comparable positions in other electrical generating utilities. – page 13;
 With the broad authority granted to the CEO in reallocating or hiring new unclassified employees, certain risks are inherent, such as promoting or hiring people that may not be the most qualified for a position. – page 14;  GRDA spent approximately $130,000 on renovations to office space in Oklahoma City’s Bricktown. Although this office may have allowed GRDA to hire and retain qualified staff for certain aspects of their operations, it appears Article 10 § 15A of the Oklahoma Constitution was violated, and one could question whether the Bricktown location was the best use of GRDA’s resources and their ratepayers’ money. – page 17;
 The Federal Energy Regulatory Commission (FERC) is a federal agency that, among other duties, regulates the interstate transmission of electricity as well as licenses hydropower projects. FERC is often reviewing GRDA’s applications for structures that have already been built or where work has already started without their approval. FERC considers these "after-the-fact" applications to be problematic and feel GRDA’s attitude towards compliance is poor. – page 18;
 In October 2006, GRDA awarded a $70 million contract to Alstom to refurbish the four Kerr Dam turbines. In July 2010, FERC ordered GRDA to cease work on the project as the construction was unauthorized per federal law. In December 2010, GRDA filed the necessary license amendment to proceed with the remaining refurbishment as well as to operate the two refurbished turbines at their new capacities. As of October 2011, FERC is still reviewing the license amendment. – page 19;
 82 O.S. § 864.2 authorized the Board to select a director of investments (DI) to be paid an amount not to exceed 90% of the general manager’s salary of the Oklahoma Municipal Power Authority. They selected the CEO and increased his salary to $225,000 annually because he assumed a portion of the additional duties of the DI. It appears this position was created to allow GRDA to circumvent the statutory limit on the compensation of the CEO and there appears to be a duplication of effort between the CEO and the chief financial officer regarding investment duties. – page 20;
 Multiple exceptions were noted related to the reasonableness of certain travel expenditures (e.g. excessive vicinity mileage, lack of supporting documentation, etc.). Even though there appear to be reviews prior to payments being processed, the previously discussed environment issues could lead to subordinates being uncomfortable questioning executive management regarding certain expenditures. – page 21;
 State statutes recognize GRDA as a unique agency; as a result, we noted they appear to have an attitude similar to a corporation rather than a governmental entity regarding expenditures which included flatware items, dinnerware items, and sound diffusers. – page 24;
 Purchases totaling $7,598 (kitchen supplies, décor items, iPads, sound machines) could have been purchased on the p-card eliminating the $314 in sales tax that was paid. Employees are using their own money for GRDA expenses when other procurement methods are available. This could present an undue hardship on the employees as they wait for reimbursement from GRDA. Many of the items purchased are easily convertible to personal use. – page 25;
 GRDA has nine employees receiving a car allowance. Factors used in making the decision as to whether to provide a car allowance include consideration of the employee’s circumstances or preference. Financial impacts did not appear to have been considered. GRDA should seek an attorney general’s opinion regarding the use of car allowances. – page 26 and 27;
 Oklahoma City University’s Steven C. Agee Economic Research & Policy Institute (OCU) noted the value of GRDA’s tax-exemption serves as an implicit state subsidy provided to them by the citizens of Oklahoma. OCU identified alternative operating structures which all require further research before a decision should made as to whether GRDA’s current configuration is in the best interest of Oklahoma. – page 28. Grand River Dam Authority
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Background The Grand River Dam Authority (GRDA) was established in 1935 (82 O.S. § 861) as a conservation and reclamation district with powers including:
• the control, storage, preservation and distribution of the waters of the Grand River and its tributaries, for irrigation, power and other useful purposes;
• the reclamation and irrigation of arid, semiarid and other lands needing irrigation;
• the conservation and development of the forests, minerals, land, water and other resources;
• the conservation and development of hydroelectric power and other electrical energy.
To fulfill a portion of these duties, three dams were constructed along the Grand River forming lakes with the stored water being used to create electricity. Several years later, GRDA expanded their generating capacity with the additions of coal and natural gas burning facilities.
Table 1 – GRDA Facilities
Facility
Location
Rated Capacity
(in megawatts)
Service Date
Fuel
Pensacola Dam – Grand Lake
Langley, OK
105
1941
Water
Markham Ferry/Kerr Dam – Lake Hudson
Locust Grove, OK
108
1964
Water
Salina Pumped Storage – W.R. Holway Reservoir
Salina, OK
130 – #1
130 – #2
1968
1971
Water
Coal Fired Complex1
Chouteau, OK
490 - #1
322 - #2
1982
1985
Coal
Redbud2
Luther, OK
443
2008
Natural Gas
Source: GRDA Comprehensive Annual Financial Report -2010
Costs associated with fulfilling this statutory mission are funded primarily through electricity sales to rural cooperative, municipal, and industrial customers located in Oklahoma, Kansas, Arkansas, and Missouri. See a map of GRDA’s customers and facilities in Appendix B of this report. In addition to producing and selling electricity, GRDA is responsible for the management of the three lakes which includes but is not limited to ecosystems habitat evaluation and enhancement, shoreline management, water quality monitoring, and lake patrol.
1 GRDA owns 62% of unit 2 with 38% owned by KAMO Power.
2 The Redbud facility is operated by Oklahoma Gas and Electric (OG&E), with OG&E, GRDA, and the Oklahoma Municipal Power Authority owning 51%, 36%, and 13% respectively. Grand River Dam Authority
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Governance - Statutory Role and Responsibilities of the Board
GRDA is governed by a seven member board of directors (Board or Directors). 82 O.S. § 863.2.B. states in part, “The Board shall have rulemaking authority . . . the authority to grant exemptions from any rules not promulgated pursuant to the Administrative Procedures Act which deal with the waters of the Grand River and its tributaries . . . [and] to oversee the functions of the district and ensure the operations of the district are in compliance with all applicable state laws.”
A significant change was made to the Board structure in 2003 when all serving Directors were removed, the number of Directors was reduced from nine to seven, and the appointing authority of the Directors changed.
Table 2 – GRDA Board of Directors as of September 2011
Title
Appointed by/ Representing
Term Ends
David J. Chernicky
Chair
Appointed by the governor, representing industrial and commercial customers
August 2014
Stephen R. Spears
Director
Municipal Electric Systems of Oklahoma (permanent appointment)
-
Dewey F. Bartlett, Jr.
Director
Appointed by the senate pro-tempore
August 2017
Greg Grodhaus
Director
Appointed by the governor
May 2018
Betty Kerns
Director
Appointed by the governor, representing economic development interests, lake enthusiasts, and property owners
August 2015
W. Brent LaGere
Director
Appointed by the speaker of the house
August 2016
Chris Myers
Director
Oklahoma Association of Electric Cooperatives (permanent appointment)
-
In 2007, additional oversight was created with the formation of the Joint Legislative Task Force. This task force, appointed by the president pro-tempore of the senate and the speaker of the house of representatives, was created to study the functions, activities, policies, procedures and expenditures of GRDA. Senate staff as well as a meeting notice indicate the task force met only one time and never issued a formal report. State law was revised on August 26, 2011 requiring the task force to meet at least once biennially during the first session of each new legislature.
Significant Statutory Changes
GRDA has adopted many management practices of a private, for-profit business. This is due in part to its mission and the large degree of autonomy and flexibility accorded to it by the legislature. In addition to the restructuring of the Board, other significant changes that occurred to GRDA’s statutes over the last 10 years include but are not limited to:
• 82 O.S. § 861A – A new law effective July 1, 2003, recognized GRDA as a unique agency of this state, whose mission requires it to function in competition with private industry within the competitive power market, and the legislature recognized the Board as the rulemaking authority; Grand River Dam Authority
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During his tenure in the Oklahoma State Senate, the CEO authored many of the bills which significantly modified portions of the laws affecting GRDA’s operations.
• 82 O.S. § 862 – Added language effective July 1, 2003, which created the ability to provide support and assistance to public and private entities (e.g. chambers of commerce or tourism organizations) in an amount not to exceed a total of $15,000 annually for projects or efforts that are for the benefit of or impact the quality of life for each city or community located within the boundaries of the GRDA. The amount was later increased to $25,000 effective June 2, 2008;
• 82 O.S. § 862.1 – A new law effective June 4, 2001, created certain exemptions from the Oklahoma Open Records Act (customer proprietary information), Oklahoma Open Meeting Act (coal/gas supply contract and rail/truck transportation contracts), and the Public Building and Construction Act;
• 82 O.S. § 864 – Added language
effective July 1, 2003, which modified
the compensation study conducted by the
Office of Personnel Management (OPM)
to exclude unclassified employees from
the study and only includes electrical
generating utilities for comparison
purposes. Additionally, the reference
requiring GRDA to comply with the limits imposed by the merit rules was removed and a statement allowing the Board to increase salaries above OPM’s recommendations was added;
• 82 O.S. § 864.2 – A new law effective June 2, 2008, created a director of investments position;
• 82 O.S. § 874.2 – A new law effective May 26, 2005, allowed GRDA to issue licenses to encroach upon real property owned by GRDA to adjacent property owners for structures built upon the real property prior to June 1, 2005. GRDA receives from the licensee the fair market value of the unimproved land and any administrative costs, including appraisals or surveys, required.
GRDA’s previous chief executive officer/general manager (CEO) was hired in March 2004 and resigned July 31, 2011. Prior to his tenure at GRDA, he served many years in the Oklahoma State Senate. During his term as a senator, he authored the bills which created at least portions of the first four laws mentioned in this section as well as the bill which restructured the Board. Any reference to the CEO in this report, unless noted otherwise, is addressing the employee who resigned July 31, 2011. Grand River Dam Authority
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Purpose, Scope,
and Sample
Methodology This audit was conducted at the request of the governor in accordance with 74 O.S. § 213.2.B. The audit period covered was July 1, 2003 through March 31, 2011 unless noted otherwise in the body of the report.
Sample methodologies can vary and are selected based on the audit objective and whether the total population of data was available. Random sampling is the preferred method; however, we may also use haphazard sampling (a methodology that produces a representative selection for non-statistical sampling), or judgmental selection when data limitation prevents the use of the other two methods. We selected our samples in such a way that whenever possible, the samples are representative of the populations and provide sufficient evidential matter. We identified specific attributes for testing each of the samples. When appropriate, we projected our results to that population.
We conducted this performance audit in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives. This report is a public document pursuant to the Oklahoma Open Records Act (51 O.S. § 24A.1 et seq.), and shall be open to any person for inspection and copying.
Objective 1 - Determine whether executive management’s and the board of directors’ actions have been consistent with the statutory mission of the GRDA.
Methodology Over the years, GRDA has been subject to both public and governmental scrutiny due in part to actions made by executive management and the Board, of which some question the underlying rationale. To identify these actions, we gathered information from a variety of sources by:
• Sending surveys to all 517 GRDA employees;
• Reviewing applicable state laws, board minutes, annual reports, policies and procedures, Oklahoma Administrative Code (OAC) and GRDA’s independent financial auditor’s work papers;
• Interviewing six of the seven current Directors, GRDA management and staff (current and former), GRDA’s independent financial auditors, experts in the fields of economics and business analysis, GRDA vendors, Federal Energy Regulatory Commission (FERC) officials, and personnel from various state entities including the former state bond advisor, OPM, Department of Central Services, the Department of Public Safety, and the South Grand Lake Municipal Airport Managing Authority;
• Reviewing applicable bond and credit profile statements, applicable contracts, contracted performance reviews, accounting and human resources data and support, and multiple letters between GRDA and FERC;
• Reviewing the previous Oklahoma State Auditor and Inspector’s Special Audit report; Grand River Dam Authority
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Responses from approximately 250 completed employee surveys, along with interviews, identified a volatile environment.
• Reviewing expenditure documentation such as the check register, the P-Card Statement of Activity, travel claims, employee reimbursement claims, and related supporting documentation.
GRDA management provided us with various accounting data including, but not limited to, check registers and general ledger reports from January 1, 2009 to March 31, 2011. We did not have a feasible method of ensuring the completeness of this information; therefore, we relied on management’s representation. As applicable, we did ensure the information was supported.
The actions discussed in this report were addressed given the frequency with which they were brought to our attention and/or their potential impact. Not all actions taken by executive management or the Board have been addressed.
Atmosphere Created by Management
An effective internal control system has in place policies and procedures designed to reduce the risk of errors, fraud, and professional misconduct within an organization. A key factor in this system is the environment established by management. Management’s ethics, integrity, attitude, and communication style become the foundation of all other internal control components. Responses from approximately 250 completed employee surveys, along with interviews, identified a volatile environment. Employee animosity appears to be fueled in part by ineffective communications and distrust between certain segments of the employee population and executive management. Whether the barriers are factual or perceived, employee morale and productivity have likely been impacted. This environment increases GRDA’s exposure for fraud to occur.
Recommendation The resignation of GRDA’s CEO has led to a transition in executive management. Although a new CEO has been hired, this alone will not fully address the issue. New management and the Board need to be cognizant of the risks associated with this type of environment and begin working towards evaluating and addressing the situation to ensure the mission of the GRDA is accomplished in the most efficient manner possible.
Views of Responsible
Officials Executive management and the Board are appreciative of this feedback and will use it as an opportunity to improve communications with employees. New board committees will establish an appropriate tone at the top. Executive management realizes enhanced communication is an ongoing process.
Board Director Orientation and Meeting Attendance
82 O.S. § 863.2.B states in part, “It shall be the duty of the Board of Directors to oversee the functions of the district and ensure the operations of the district are in compliance with all applicable state laws . . .”
Some key components to an effective board are ensuring the necessary knowledge and understanding are conveyed to its members through the orientation process, the Grand River Dam Authority
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Out of 21 board meetings held, there were only two instances in which all Directors were present.
information provided to them for meetings is sufficient to make sound decisions, and members regularly attend board meetings.
GRDA’s orientation process for new Directors includes providing a binder which contains significant information for GRDA operations. The general counsel also holds meetings with the Directors to discuss constitutional, statutory and ethical issues.
Many Directors take tours of the GRDA facilities as well as visit with management and staff at the various locations.
Generally, a week prior to a Board meeting, the Directors are provided a board packet through hard copy and electronic formats. Our conversations with six of the Directors (one Director chose not to meet with us) revealed they felt the amount of information presented in the board packet was sufficient to make informed decisions. One Director stated the information was almost “death by data.” Three Directors indicated they review all the information in detail, two review portions of the information in detail, and one indicated he would review the agenda for items of interest and review the supporting documentation in the board packet as needed.
Board meetings are held once per month, and occasionally a special meeting is held. Board minutes from January 2009 through March 2011 were reviewed to determine Board director attendance as well as the location of the meetings.
This review indicates3
• 21 meetings were held (16 in Vinita, two in :
Chandler at a Director’s office, and three in Tulsa
at another director’s office); however, there were
only two instances when all Directors were
present;
• Five meetings were cancelled due to the lack of a
quorum;
• Assuming a Director was appointed to the Board at least 10 months:
o Three Directors had an attendance percentage of 80% or higher;
o Four Directors had an attendance percentage of 70% or lower with three of these being less than 62%.
Although GRDA provides Directors with an orientation process and sufficient information through the board packets, no formal written policies and procedures exist to inform and provide direction regarding GRDA’s expectations for Director attendance at board meetings.
3 There were nine different Directors who served on the Board during this period. See detailed analysis of meeting attendance in Appendix C. Grand River Dam Authority
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Given the complexity and variety of GRDA’s operations, state statutes have provided diversification among its Directors. Failure of all Directors to actively attend board meetings could hinder their ability to properly and effectively make decisions that are in the best interest of GRDA’s mission and for the state of Oklahoma. In an attempt to ensure all Directors are present, the locations of the meetings have been modified to accommodate their schedules. However, this strategy could present a hardship to others (citizens, media, employees, etc.) wishing to attend the meetings.
Recommendation To ensure the most effective decisions are made in the best interest of GRDA and the state of Oklahoma, written policies and procedures should be developed to convey the expectation of Directors’ attendance.
Views of Responsible
Officials The Board agrees and will develop a corporate policy conveying its expectations that Directors attend meetings regularly. GRDA would support statutory changes authorizing the Authority to hold electronic board meetings.
Creation and Modification of Policies
The State Auditor and Inspector’s previous audit of GRDA had several recommendations regarding establishing and implementing policies. In addition, GRDA management indicated that prior to 2004, they had no administrative rules filed with the Secretary of State. An effective internal control system includes established written policies and procedures to inform employees about the organization’s expectations and practices, to provide direction in the correct way of processing transactions, and to serve as reference material for new and continuing employees.
Review of GRDA’s internal policies and the Oklahoma Secretary of State’s website supports that GRDA has developed and modified, where applicable, internal policies and filed administrative rules since 2004. However, it appears the travel policies have not been reviewed and updated since 2004. As a result, they do not appear to reflect airlines’ new practice of charging baggage fees. Per Office of State Finance (OSF) policy, other state agencies are limited to one baggage fee, unless justified. GRDA’s policies also do not discuss the expectations for actual and necessary travel.
In addition, 82 O.S. § 863.2.B states that the Board is responsible for approving business expenses; however, OAC 300:20-1-15 assigns this responsibility to the CEO and GRDA’s practice is to have the chief operating officer (COO) approve the transactions.
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Recommendation GRDA management and the Board should review and update the travel policies to ensure compliance with the State Travel Reimbursement Act. In addition, the policies should address actual and necessary expenses. For example, OSF’s policies require that actual and necessary expenses are clearly identified and justified on a separate form.
The Board should be approving business expenses as required by state statute.
Views of Responsible
Officials GRDA will update the policies and procedures to clearly identify who is responsible for approving each document and present them to the Board for approval. Additionally, GRDA has implemented enhanced monthly summarizations of business expenses to the Board’s audit committee members.
Approving Policies and Procedures
The Board has created a Policies and Procedures committee (committee) whose function has been defined by policy 2-3 II.5. The committee is to “review existing policies and procedures, coordinate revision of policies and procedures with other committees and to develop new policies and procedures as required . . . and make recommendations to the Board of Directors concerning revisions, deletions or additions.”
The Board appears to have approved the Board of Directors’ policy manual as well as other policy manuals; however, during the course of our audit, we were provided additional policies and procedures, which had not been recently approved or in some cases ever approved by the Board. These include:
• Cell phone policy (not approved)
• Travel policy (approved in February 2004)
• Travel procedures (not approved)
• Safety glasses policy (not approved)
• Purchasing procedures (not approved)
Management determined Board approval was unnecessary for these policies and procedures. In the case of the travel and purchasing procedures, GRDA executive management considered them “training” materials, and therefore did not require Board approval. It appears unusual policies and procedures relating to GRDA’s expenditure practices would not receive Board approval given its statutory responsibilities outlined in 82 O.S. § 863.2.B for ensuring the operations of the district are in compliance with all applicable state laws.
Not presenting all policies and procedures to the committee could hinder their and the Board’s ability to make effective decisions related to the operations of GRDA.
Recommendation The Board should obtain and review all policies and procedures related to GRDA’s operations. All future policies and procedures created by GRDA staff should be presented to the committee for further evaluation to determine if recommendations should be made to the Board concerning revisions, deletions or additions.
Views of Responsible
Officials GRDA will update the policies and procedures and present them to the Board for approval. Grand River Dam Authority
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GRDA spent approximately $140,000 in resources to expand South Grand Lake Airport without Board approval.
Improved Credit Ratings
In 2008 and 2010, GRDA issued bonds totaling $575,375,000 and $239,315,000, respectively. We evaluated whether GRDA’s credit rating improved from 2004 through 2010 and how GRDA’s credit rating compares to its peers. Using data from the three credit rating agencies, we compared GRDA’s ratings over the last several years:
Table 3 – GRDA Credit Rating History
Standard and Poor’s
“BBB+ negative” March 2004
“A-positive” – October 2007
“A stable” – November 2010
Fitch
“A-“ – May 2002
“A-positive” March 2005
“A stable” – November 2010
Moody’s
“A2 negative” – 2004
“A2 stable” – 2007
“A2 stable” – 2010
Source: Credit rating agencies’ reports
Reasons for the improved ratings included, but are not limited to, rate increases, new long-term contracts with customers, improved debt service coverage and diversification of resources. We visited with Oklahoma’s former state bond advisor who stated that all of the justifications for the improved ratings appear reasonable and a better rating will certainly save money over time.
To place GRDA’s 2010 ratings in perspective, we reviewed Standard and Poor’s “U.S. Public Finance Report Card��� (2005-2010) which states:
• The public power sector4
• Public power ratings overall are stronger than those of the investor-owned utilities (IOU). This is due to their nearly universal protection from direct competition, the absence of investor-demanded rates of return, and rate-setting autonomy; has continued to experience overall credit stability;
• Public power’s median rating is ‘A’ and closer to ‘A+’ than ‘A-‘ with the exception being in 2010 where the median was ‘A+’.
It appears GRDA’s core peer group (public power sector) has overall credit stability and their 2010 rating puts them slightly below the median rating in this group. A more specific comparison indicated that GRDA’s rating compared favorably to entities that have wholesale customers and are either in the same geographic region or have a similar governance structure. See rate comparison table in Appendix D.
Expansion of South Grand Lake Airport
74 O.S. § 1008.A allows for public agencies to contract with each other “. . . to provide a service, activity, or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract . . .”
Under the basis of economic development, GRDA and South Grand Lake Airport Authority
4 The public power sector includes municipally owned electric utilities and combined (or multi-segment) utilities, as well as joint action agencies consisting of two or more participating utilities. Grand River Dam Authority
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(airport) entered into an agreement on October 21, 2006 in which GRDA was to provide clearing, dirt work, fly ash stabilization, and rock base preparation for asphalt for the construction of ramps, taxiways, and taxi lanes at the airport. In return, the airport was to waive land and occupancy space fees as well as make an effort to provide low cost fuel for GRDA aircraft during the period January 1, 2007 through December 31, 2011. Approximately $140,000 in GRDA personnel and equipment costs were used on the project. Points of interest about the agreement are:
1) GRDA’s pilot indicated their two helicopters have never been stored at the airport;
2) Helicopter fuel was not purchased from the airport until October 2010 and stopped in April 2011. The purchases totaled $2,299;
3) A former member of GRDA’s executive management team sat on the airport’s board when the agreement was accepted;
4) According to the airport manager, a former GRDA Director was involved in raising money for the airport improvements outside the scope of his GRDA responsibilities.
The agreement was approved by the airport board; however, it was not approved by GRDA’s Board as required by law. GRDA executive management stated this agreement was never presented to the Board. Though the economic development impact of this agreement is unknown; it is questionable if this was the best use of GRDA’s resources, their ratepayers’ money, and whether it was appropriate given GRDA’s mission.
Recommendation Board approval should be obtained for all future contracts for governmental services as required by state law. This approval should include an evaluation of whether the contract meets the intent of GRDA’s mission.
Views of Responsible
Officials GRDA will develop policies and procedures for the appropriate approval of governmental contracts to comply with the intent of GRDA’s mission. The policies and procedures will be submitted to the Board for approval.
Family Friendship Between Properties Superintendent and Crosslands Project Manager
The Ecosystems and Education Center (Eco) at Pensacola Dam was built to further GRDA’s partial mission of being a conservation and reclamation district for the waters of the Grand River. The facility houses a water quality lab, and the ecosystem management and compliance departments, as well as the GRDA police force.
The Energy Control Center (ECC) at Kerr Dam houses GRDA’s system operations center as well as the communications and supervisory control and data acquisition Grand River Dam Authority
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Conversation with the
properties
superintendent
revealed the Crossland
project manager is a
family friend. These
contracts totaled just
under $13 million.
(SCADA) departments. It was remodeled to update the equipment and to bring it into
compliance with the North American Electric Reliability Corporation (NERC)5
The purpose of competitive bidding is to obtain goods and services at the lowest prices
by stimulating competition, and by preventing favoritism.
required standards.
GRDA hired two different vendors, one for each project, to design the buildings and
assist in the bidding processes. Upon these vendors’ recommendations, both contracts6
GRDA’s superintendent of properties and programs (properties superintendent) was
part of the bidding evaluation team and was responsible for the oversight of the Eco
and ECC projects. Conversation with the properties superintendent revealed the
Crossland project manager
were awarded to Crossland Construction Company Inc. (Crossland) on the basis of best
overall value (Eco) and lowest bid (ECC).
7
The properties superintendent signed separate “conflict of interest statement for
evaluation team members” for the Eco and ECC projects as required by purchasing
procedure 9.1. Each conflict of interest statement includes the following:
for both projects is a family friend.
. . . I acknowledge my obligation to disclose to the Chief Financial
Officer and General Counsel any friendships; family or social
relationships (emphasis added); . . . or other accommodations offered
or received by myself from an
individual or company . . .
submitting a proposal or bid in this
matter which might be perceived
as compromising my independent
judgment in this evaluation; and I
agree to disqualify myself from
participation in the evaluation
should the Chief Financial Officer
or General Counsel find my
relationship with a company or
individual submitting a proposal or
bid in this matter may be perceived as compromising judgment in the
evaluation.
Conversations with the chief financial officer (CFO) and general counsel indicated the
properties superintendent did not disclose this relationship to them.
The appearance of this relationship without disclosure is cause for concern because it
could have provided an unfair advantage in Crossland’s bid preparations for contracts
totaling just under $13 million.
5 NERC is the electric reliability organization certified by FERC to establish and enforce reliability standards for the bulk-power
system.
6 Total contract amounts with change orders were $4,877,271 for Eco and $8,075,891 for ECC.
7 A Crossland project manager’s duties include responsibility for the overall planning and implementation of the job which
includes overseeing the project schedule, budget, and construction administration as well as working closely with GRDA
and the architects and communicating their expectations to the project team.
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Recommendation The attorney general’s office should review this situation further and determine if any laws were violated.
GRDA Comment GRDA will retrain its employees to reinforce their responsibilities so they will clearly understand the importance of the integrity and expectation of the process including attending to both the letter of the law and perceptions.
Relationship between Board Chairman and GRDA Vendor
A relationship appears to exist between the board chairman (as identified on page 2 of this report) and one of GRDA’s vendors, PELCO Structural (PELCO), because the president of PELCO is both the board chairman’s brother-in-law and employee8
. See below:
Of the six Directors we visited with, five were not aware of this relationship and the one Director who did know about it discovered it through his own research. During our discussion with the board chairman, he indicated he had visited with his private counsel as well as GRDA’s general counsel and both indicated the relationship was not an issue. Consequently, the association was not disclosed on his Form F-2R (statement of financial interests) which is filed with the Oklahoma Ethics Commission. We asked the board chairman if he ever voted to award funds to PELCO. He did not recall the matter
8 Prior to board interviews, the president of PELCO was listed as the executive vice president of New Dominion on their website. Grand River Dam Authority
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ever presenting itself, but stated that he would have abstained had it ever occurred. However, board minutes indicate he voted “yes” in all instances except one when he was absent. Accounting records indicate approximately $5.2 million was paid to PELCO since 2006.
GRDA Board of Directors’ Policy 2-4 II A. states in part, “. . . It is the policy of the Authority that its Board members . . . shall exercise sound, ethical business judgments so as to preserve and further the Authority’s good standing in the community and among the people it serves . . . .”
This relationship does not appear to be a conflict of interest as defined by GRDA policy or guidance available in the 2010 Ethics Manual issued by the Oklahoma Ethics Commission because the PELCO president is not a “dependent” or an “immediate family member” of the board chairman. Even though the “conflict of interest statement for evaluation team members” discussed in the previous section was not required in this case, it does indicate that GRDA acknowledges these types of situations could lead to potential conflicts of interest. The mere appearance of this relationship without disclosure is cause for concern. The relationship could have created an opportunity for PELCO to have received an unfair advantage related to the approximately $5.2 million in GRDA contracts they were awarded.
Recommendation The attorney general’s office should review this situation further and determine if any laws were violated.
GRDA Comment The Board will amend the by-laws to incorporate more restrictive conflict of interest provisions and rules on disclosure.
Increasing Salaries of Classified Employees
82 O.S. § 864.C requires OPM to conduct a biannual comprehensive classification and compensation study comparing all classified employees in the GRDA to prevailing rates of pay for all positions in electrical generating utilities. According to the statute, this report should include recommendations for average comparable pay scale based on the study. Once the report has been issued, the Board shall implement the classification and compensation recommendations as appropriate, if fiscal constraints and commitments to ratepayers permit. They may also implement adjustments in compensation to correct inequities. These adjustments may increase the base payroll in excess of the recommendation in the OPM study.
The OPM studies conducted during the full audit period indicate classified employees’ salaries have increased disproportionate to comparable positions in electrical generating utilities. See chart on next page.
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-2.50%3.41%-1.07%-0.71%5.25%9.43%-16.08%-24.37%-9.97%-30.00%-25.00%-20.00%-15.00%-10.00%-5.00%0.00%5.00%10.00%15.00%200620082010GRDA Classified Employees to Market GRDA Classified -CombinedGRDA Classified UtilityGRDA Classified Non-Utility
Source: OPM GRDA Compensation Reports
Board meeting minutes indicate the Board utilized the OPM Compensation reports to approve pay raises in April 2009; however, they opted not to take action on salaries in April 2011.
Views of Responsible
Officials The Board and executive management will continuously review industry, state agencies and GRDA compensation data to keep abreast of the competitiveness of GRDA market based compensation. The goal is to be competitive in all areas of compensation, dependent on availability of funds and acting within statutes. GRDA has expressed concerns about previous studies to OPM and OPM is currently preparing a new study which will be available in January 2012. GRDA will review the OPM study to determine the best course of action related to employee compensation.
Creating and Reallocating Unclassified Positions
GRDA employs both classified and unclassified personnel. Classified personnel are hired through the state’s merit system after meeting certain qualifications for their positions and have the right to appeal to the Merit Protection Commission regarding disciplinary actions taken by GRDA, including, but not limited to, involuntary demotion, suspension without pay, or discharge. Unclassified personnel are considered “at will” and serve at the pleasure of the CEO meaning they may be terminated with or without cause at any time. GRDA has no procedures for the recruitment and appointment of unclassified personnel, or for the terms and conditions of their employment.
Employee survey results brought forward concerns related to the CEO changing employees’ statuses from classified to unclassified, also known as “reallocation”, and
With the broad authority granted to the CEO in reallocating or hiring new unclassified employees, certain risks are inherent such as promoting or hiring people that may not be the most qualified for a position. Grand River Dam Authority
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creating new unclassified positions for unqualified personnel. These employees believed reallocation was a method the CEO was using to terminate employees after they were no longer under the protection of the merit system. Discussions with the human resources superintendent revealed that none of the 43 employees in the positions that were reallocated during the audit period were terminated.
Our review of seven haphazardly selected reallocation forms (OPM-92) indicated GRDA followed the proper approval process (GRDA cabinet secretary) to ensure compliance with OPM rules when reallocating a position. In the course of reviewing the seven OPM-92s, we noted “additional job duties” was listed as the justification. We requested the formalized job descriptions and qualifications for these positions; however, GRDA indicated they do not have job descriptions for any unclassified positions. Therefore, to confirm the justification, we interviewed an additional eight haphazardly selected reallocated employees to determine if additional job duties were assigned. Interviews revealed this was not the case for three employees, despite the OPM-92 indicating such.
With the broad authority granted to the CEO in reallocating or hiring new unclassified employees, certain risks are inherent, such as promoting or hiring people that may not be the most qualified for a position. The following are examples of these types of transactions:
• A back-up helicopter pilot was hired at $40,000 annually. His resume indicates he had military experience as a helicopter support team leader and was self-employed in the construction and maintenance fields. The employee did not possess a private or commercial pilot’s license but obtained a private license after being hired.
Correspondence between the
human resources superintendent
and the CEO indicates GRDA
intended to provide the employee
with the necessary $15,000 training
and required flight hours to obtain
the commercial license. Helicopter
logs and verbal statements from the
main pilot indicate the back-up
pilot flew with him approximately
100 hours9
The back-up pilot resigned in 2009 through 2011.
effective June 2011;
• The superintendent of hydro
operations was hired at $95,000
annually. His resume indicates he
has a master of business
administration degree with only
sales, marketing, and teaching
experience. In May 2011, the
assistant general manager of
9 The Federal Aviation Administration’s (FAA) website indicates 250 total flight hours are required to obtain a commercial pilot certificate. However, employers can require additional hours. OPM’s website indicates a classified pilot must have logged at least 3,000 hours. Grand River Dam Authority
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thermal generation assumed management responsibilities of the hydro operations and the employee in question was terminated in August 2011;
• An assistant superintendent -technical writer and property development was hired at $40,000 annually. Her resume indicates she has a degree in interior design with no experience. She resigned in June 2011;
• An assistant superintendent of property administration was hired at $36,720 annually. Her resume indicates only sales experience since 1999.
Examples that appear to indicate, on paper, that a qualified person was hired for a position include:
• A superintendent of shift operations was hired at $93,000 annually. He has a degree in mechanical engineering and served six years as a nuclear submarine officer;
• An assistant superintendent of technical services was hired at $55,000 annually. His resume indicates he worked for 20 years in information technology (IT) for a large corporation;
• An assistant superintendent – programmer was hired at $50,000 annually. His job application indicates he has a degree in IT;
• An assistant superintendent of human resources (HR) was hired at $50,000 annually. Her resume indicates that she had various HR duties while working for a law firm since 2003.
GRDA’s reallocation process has created an environment where some employees are unsettled about their job security. In addition, the lack of procedures for the recruitment and appointment of unclassified personnel increases the risk of hiring unqualified personnel. These actions can allow animosity to build, thereby increasing risks.
Recommendation GRDA management should develop formal, written procedures for the recruitment and appointment of unclassified personnel as well as job descriptions and qualifications. Additionally, when new positions are created, the Board should be made aware and consider formally approving.
Management should be aware the reallocation process could cause employees to experience feelings of insecurity because of the move from a “protected” position to an “at-will” position. Communication is critical to reducing risk and ensuring employees are operating in the most efficient manner possible.
Views of Responsible
Officials GRDA agrees with this assessment. In August 2011, GRDA completed the task of developing job descriptions and qualifications for unclassified positions. Compensation on a permanent and ongoing basis will be reviewed at the Board level so employees know that GRDA compensation practices are fair, equitable, and competitive. This also allows the Board to be informed of the key compensation data including performance compared to budget as well as compared to goals and objectives. GRDA is embarking on a bottom up budget process, and personnel expenses will be one of the first areas addressed. Clear communication during and after the personnel budgeting process will allow GRDA to better keep our employees informed.
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Leasing Office Space in Oklahoma City
In 2005, GRDA decided to open a branch office in a popular entertainment district of Oklahoma City known as Bricktown. Executive management indicated this decision was made so they would have a place to hold meetings and conduct other GRDA job duties while 160 miles from the administrative headquarters as well as promote Grand Lake with maps, brochures, etc. Additionally, the creation of this location helped acquire the services of an Oklahoma City based employee sought after to manage GRDA’s purchase card program.
Prior to GRDA moving into the building, the landlord and GRDA performed a substantial amount of work on the leased space. Management provided documentation which appears to indicate GRDA performed general framing, painting, and staining; heating and air conditioning work; phone and data installation; and signage. GRDA’s costs associated with this work equaled approximately $130,000. The Oklahoma Constitution Article 10 § 15A states in part, “. . . nor shall the State . . . make donation by gift, subscription to stock, by tax, or otherwise, to any company, association, or corporation.”
The Department of Central Services (DCS) is empowered in 74 O.S. § 63.C and § 94.A to manage all leasing arrangements for state agencies, unless otherwise provided by law. GRDA did not seek DCS’s approval prior to entering into this arrangement because they had an “unofficial” opinion from an assistant attorney general which stated they did not have to obtain DCS’s approval. This “unofficial” opinion was based on GRDA’s power granted by 82 O.S. § 862(e) which states in part that GRDA is authorized, “To acquire by purchase, lease, gift, or in any other manner . . . any and all property of any kind, real, personal, or mixed . . .” It is interesting to note the unofficial opinion was issued 26 days after the lease agreement went into effect on August 1, 2005.
The average price per square foot ($17.97 over the life of the six year lease) nearly doubles the amount ($9.00) DCS sets as a threshold for approval on a case-by-case basis for agencies under their authority10
GRDA terminated the agreement in January 2011 and moved to another Oklahoma City location where the average price per square foot ($15.50) is less than the Bricktown location but still exceeds the DCS threshold by 72%. GRDA executive management stated the purpose of the Oklahoma City office has transitioned to serve as office space for financial administration (primarily accounting and purchasing activities) and corporate communications. .
Although the Oklahoma City office may have helped GRDA to hire and retain qualified staff for certain aspects of their operations, it appears by renovating the Bricktown office, the Oklahoma Constitution was violated and one could question if this location was the best use of GRDA’s resources and their ratepayers’ money.
Recommendation The attorney general’s office should review this situation further and determine if any laws were violated.
10 DCS leasing management indicate exceptions to the rental rate threshold are based upon the location, type of building, age of building, amenities, tenant build-out, agency requirements, comparative space, and overall costs. Grand River Dam Authority
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“GRDA’s attitude towards compliance is poor.”
-Senior FERC official
GRDA Comment GRDA will consult with DCS on any future lease renewals or agreement in order for its operations to be as cost-effective as possible.
Relationship between GRDA and FERC
The Federal Energy Regulatory Commission (FERC) is a federal agency that, among other things, regulates the interstate transmission of electricity as well as licenses hydropower projects. The two areas of FERC that have oversight jurisdiction over GRDA are the hydropower section11
• Hydropower and the electric reliability section which includes both transmission and generation. During our initial meeting with GRDA management, they stated both verbally and via a PowerPoint presentation that FERC officials had previously told them that GRDA was the worst managed project under their jurisdiction; however, this was no longer the case and their relationship was drastically improved. Conversations with senior level FERC officials tell a different story:
FERC has never made a determination on GRDA’s overall program compliance; however, they are often reviewing applications for things that have already been built, such as boat docks or marinas, or where work has already started without approval from FERC, such as upgrades to turbine units (discussed in the Markham Ferry/Kerr Dam Refurbishment section of the report) or clearing for substations. They consider these "after-the-fact" applications to be problematic and feel GRDA’s attitude towards compliance is poor. Correspondence between FERC and GRDA includes comments such as:
o “In addition to your plan being inadequate and not addressing the resource agencies’ concerns, your report lacks details on how the tests were conducted and how the data was compiled” and “Your plan and supplemental filings continue to be inadequate” – December 29, 2009 – Article 401 – Dissolved Oxygen Mitigation Plan;
o “The delays by GRDA in completing plans required by its license are not simply technical violations, but have resulted in the failure to provide environmental protection and public recreation mandated by the license . . . Commission staff again strongly urges GRDA to comply with its license, and the requirements of this letter order, immediately” – May 21, 2010 – Compliance with License Articles 401, 404, 405.
FERC officials did stress the licenses also contain numerous conditions which GRDA has complied with.
11 GRDA has three licenses which each have various terms and conditions and specific compliance requirements including, but not limited to, shoreline management, encroachments, dock permitting, environmental requirements, lake elevation levels, and dam safety. Grand River Dam Authority
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• Electric Reliability
Information from FERC on electrical reliability is confidential; therefore, officials in this area were not as candid when discussing their relationship with GRDA. They did provide to us a “staff notice of alleged violations” which indicates GRDA allegedly violated 52 requirements of 19 reliability standards by failing to adequately perform critical functions required for reliable operation of transmissions systems. On August 29, 2011, GRDA settled with FERC resulting in a civil penalty totaling $350,000. GRDA did not admit or deny that its actions constituted violations of the reliability standards.
Markham Ferry/ Kerr Dam Refurbishment
In October 2006, GRDA awarded a $70 million contract to Alstom to refurbish the four Kerr Dam turbines. The units were put in service in 1964 and had received no significant maintenance since that time. During this same time period, Kerr Dam was going through their relicensing process with FERC. An independent engineering firm (engineer) was hired by GRDA to handle both the relicensing project and the turbine refurbishment bidding process. Discussions of the refurbishment occurred between GRDA, the engineer, and FERC during the relicensing process. As a result, the engineer and GRDA believed FERC was supportive of the project and subsequently began work on it in 2007. In early 2010, FERC inquired about the refurbishment situation. Multiple letters were exchanged between both parties and on July 2, 2010, FERC ordered GRDA to cease work on the project as this constituted unauthorized construction12 on their part as defined by Title 16 U.S. Code section 803 (b)13
From a monetary standpoint, the impact of GRDA’s non-compliance is unknown with the exception of a $675 monthly rental for storage of parts. The contract with Alstom is still valid because GRDA would not accept their proposal to include a “suspension policy” in the original contract; therefore, any such charges by Alstom for delay, suspension, lost profits, etc. are excluded by the terms of the contract. However, it should be noted that GRDA told FERC in a December 16, 2010 letter, the stoppage . At this point, two of the four turbines were complete; however, GRDA could not operate them above their previously licensed capacities. In December 2010, GRDA filed the necessary license amendment to proceed with the refurbishment of the remaining two turbines as well as to operate the new turbines at their new capacities. As of October 2011, FERC is still reviewing the license amendment.
12 This letter makes reference to a February 17, 2006 environmental assessment issued by FERC which states that in a February 2, 2006 phone conversation between FERC and GRDA, a former GRDA assistant general manager indicated GRDA would not be performing an upgrade. The environmental assessment informed GRDA that if they decided to pursue this upgrade, it would have to be evaluated by FERC in a license amendment.
13 Title 16 U.S. Code section 803 (b) states “. . . except when emergency shall require . . . no substantial alteration or addition not in conformity with the approved plans shall be made to any dam or other project works constructed . . . of an installed capacity in excess of two thousand horsepower without the prior approval of the Commission . . .”
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There is a possible duplication of effort between the DI and CFO regarding investment duties.
“may cause a dramatic increase in the cost of the rehabilitation work . . . GRDA customers will bear the additional costs as a result of the stop work order.”
Senior GRDA management at Kerr Dam believe the largest impacts to their operations as a result of the work stoppage are:
1) the space consumed for storage of parts for the third unit;
2) the liability as to who is responsible for parts and materials stored in the plant should something be damaged;
3) the reliability of the two remaining units to be overhauled.
Recommendation In the future, GRDA should follow Title 16 U.S. Code section 803 (b) and obtain written approval from FERC before starting work on projects.
Views of Responsible
Officials GRDA agrees with the assessment and has become more compliance-oriented as represented by recent staff, transmission, and other infrastructure upgrades to address FERC and NERC requirements. Executive management and the Board will continue to implement a culture of compliance.
Board’s Selection for the Director of Investments Position
74 O.S. § 3601.2.A.3 sets the limit of compensation for the CEO at $137,239. Based on conversation with certain Directors, this limitation has imposed difficulties in recruiting a qualified CEO with significant and relevant public utility experience. In June 2008, 82 O.S. § 864.2 (see full statute in Appendix E) authorized the Board to select a director of investments (DI). This newly created position has a salary limit of 90% of the general manager’s salary of the Oklahoma Municipal Power Authority (OMPA). On July 8, 2009, the Board approved a contract specifying that the CEO would assume the duties of the DI and receive the higher salary of that position ($225,000) rather than the lower salary for the CEO. For unknown reasons, the CEO chose not to accept the higher salary from January 2010 through April 2010. However, during the period May 2010 through January 2011, his new salary appears to have exceeded the statutory limit by a total of approximately $7,000. It appears the DI position was created to allow GRDA to circumvent the statutory limit on the compensation of the CEO.
The DI position seems redundant to the position of Treasurer/ CFO, which according to GRDA policy 5-2 III, “. . . shall provide oversight and supervision of the investment policy and shall report directly to the general manager (CEO) on all matters relating to the policy. . . .” According to the CFO, she is responsible for working with and helping support ten of the 14 specified duties of the DI. Additionally, given the duties of the DI as specified in statute are much less rigorous and frequent than those of the CEO, it appears unreasonable the compensation for that position is so much higher than that of the CEO especially in comparison to other state entities that have significant investment activities and have DI type positions.
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Recommendation The attorney general’s office should review the possible overpayment to the CEO to determine if further action is warranted.
In addition, the legislature should determine and establish a salary commensurate with the level of responsibilities of the CEO position and develop a requirement for significant and relevant public utility experience. From conversations with certain Directors, it seems clear from the most recent recruitment effort by the GRDA that they were unable to attract candidates with the desired credentials at the current level of compensation for this position. For example, one Director indicated a desired candidate who appeared to have been qualified for the position of CEO with relevant public utility experience could not meet the qualifications for the DI. Therefore, this person was not hired as CEO, but was instead hired into a newly created position where this limitation would not exist.
If the statutory compensation level for the CEO is increased to allow recruitment and retention of individuals with the necessary relevant public utility experience, the legislature should eliminate the DI position, as approved policy already assigns the majority of the duties to the CFO. Should the legislature decide the DI position is needed, GRDA management should develop a formal process for obtaining the correct OMPA salary data and retaining the supporting documentation used in making the DI salary calculation.
Views of Responsible
Officials GRDA will update its policies and job descriptions to comply with the state statute which requires the DI to perform the duties in question, instead of the CFO. While GRDA was fortunate to hire a new CEO who also possesses the qualifications of a DI, the Board would support statutory changes to reflect an appropriate CEO salary.
GRDA has filed an open records request with OMPA to verify the total compensation of its General Manager. GRDA believes its CEO’s total compensation for the period in question did not exceed statutory limitation. According to his 2010 W2, the CEO’s total compensation was $198,368.35.
Auditor���s Response The potential overpayment occurred from May 2010 to January 2011 rather than on annual basis. This was a result of using incorrect data in calculating the new salary.
Management’s Attitude Related to Travel
An effective internal control system should provide for appropriate review of expenditures to ensure compliance with applicable policies, procedures and state law. In addition, management should establish an environment where procedures are to be followed, particularly by management, who should set the example for employees.
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In reviewing the supporting documentation for a selection of payments made to employees for travel during the period January 1, 2009 to March 31, 2011, we noted there appears to be a review process in place; however, the effectiveness of this review could be questioned due to the exceptions we noted. Some of the exceptions are summarized below; see Appendix F for full listing and details:
• Excessive vicinity mileage claimed given the nature of business identified. For example:
o CEO made four trips from his home to the airport with vicinity miles ranging from 15 to 25 ($43);
o The technical writer and property development assistant superintendent made 10 GRDA related shopping trips in Tulsa with vicinity miles totaling 408 ($205) and one three day visit to Oklahoma City included 300 vicinity miles ($153) for an office move and purchases;
o CEO claimed 55 vicinity miles in Oklahoma City for a conference held at the Skirvin Hotel, where he stayed ($30).
• Documented nature of business for trips was too
vague for an independent person to properly
evaluate the reasonableness of the trip (e.g.
“Capitol,” “meeting,” “ECC,” etc.). For example,
we could not determine the nature of business for
23 of 24 selected trips made by the COO ($3,999).
The documented nature of business for seven of the
COO’s trips (three of which were included in the 24
trips mentioned in the previous sentence) indicates
the purpose was to meet with the CEO in Tulsa;
however, the CEO’s travel claims do not appear to
indicate he was in Tulsa on those days. See
comparison in Appendix E. We attempted to obtain
additional information from the CEO’s schedule;
however, his Microsoft Outlook account could not
be recovered by GRDA’s information technology
staff.
• Two rental car reimbursements by the CEO where
the expense appears excessive to the needs of the state:
o A Chevrolet Camaro was rented in Palm Springs, California for $362 and driven 43 miles. The CEO stayed at the conference location and also incurred $200 in taxi fares;
o A full sized car (e.g. Chevrolet Impala) was rented in Las Vegas, Nevada for $253 and driven 212 miles. The CEO stayed five miles from the conference location and did deduct $64 for one day’s personal use of the car.
• The COO received a duplicate payment of $162 for trips made during the period August 13 through 16, 2009. The original request was made on August 19, 2009 and a duplicate request was made on December 22, 2009.
• Claiming mileage reimbursement on weekends:
o CEO and COO received $67 and $66, respectively, in mileage reimbursement for driving to Vinita because it was a weekend; Grand River Dam Authority
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o Technical writer and property development assistant superintendent received $18 in mileage reimbursement for GRDA related shopping trips on a weekend.
In addition, we also noted some procedural concerns:
• Subordinates complete the CEO’s and COO’s travel reimbursement vouchers, and in the case of the COO, mileage tickets designed to document the nature of business and mileage are also completed by a subordinate. In addition, the CEO did not consistently sign his travel reimbursement voucher forms.
• Travel reimbursement voucher forms are not consistently approved by either the CEO or COO.
• Documentation to justify the need for actual and necessary reimbursement is not occurring and often times, the form does not indicate the expense is actual and necessary. In a case where the claim did indicate actual and necessary, but the justification was not noted, the CEO was reimbursed $68 described as “room upgrade.” The hotel receipt indicates this was for high speed internet ($11), a “special room charge,” ($50) and room tax ($7).
The CEO and COO were submitting travel reimbursements which include reimbursements more than 30 days after the travel occurred, resulting in some of the errors discussed. Even though there appear to be reviews prior to payments being processed, the previously discussed poor control environment could lead to subordinates being uncomfortable questioning executive management regarding certain expenditures. This environment increases risk for abuse and overpayments.
Recommendation The payments related to the CEO’s use of rental cars, the COO’s lack of justification for travel and duplicate payment will be referred to the attorney general for consideration.
Although a new CEO has been hired, this alone will not fully address the issue. Management should ensure travel policies and procedures are followed by all employees, especially executive management. New management and the Board need to be cognizant of the risks associated with this type of environment and begin working toward evaluating and addressing the situation to ensure the mission of the GRDA is accomplished in the most efficient manner possible.
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Views of Responsible
Officials As previously mentioned, GRDA’s travel policies and procedures will be presented to the Board for updates and approval. Further, GRDA has enhanced the reporting of travel expenditures to the audit committee for greater oversight of executive management. GRDA will take this opportunity to initiate training on the soon to be updated travel policies and procedures. Particular emphasis on the importance of documenting the business purpose and vicinity miles will be included for all GRDA employees who submit claims for travel.
When made aware of the overpayment by the auditors at the exit conference, the COO reimbursed GRDA for the full amount in question.
Corporate Attitude Related to Expenditures
State statutes recognize GRDA as a unique agency; as a result, we noted GRDA appears to have an attitude similar to a corporation rather than a governmental entity regarding expenditures. Examples (January 1, 2009 to March 31, 2011) which may not necessarily be considered normal governmental purchases include:
P-Card Purchases:
• $66 for ice supplies (ice scrapers, de-icer, ice shields) for GRDA cars located at the administration building;
• $50 for a sound diffuser for the purchasing superintendent’s office because the walls of the office do not extend all the way to the ceiling. This device allows personnel related conversations and other meetings to be held within the office without disrupting employees in the neighboring offices;
• $125 for retirement parties supplies;
• $1,316 in kitchen necessities (flatware sets, beverage sets, dinnerware sets, double burner, etc.) for the ECC kitchen14
Employee Reimbursements: . GRDA executive management indicates the necessity for the kitchen items is that, unlike other state agencies, this facility is located in a rural area which does not provide the convenience of multiple eating establishments. Therefore, most employees bring their meals and the dining related items purchased should be considered “green” because these items can be reused and do not have to be thrown away.
• $497 in purchases by the CEO for a digital camera and charger to be used to photograph events and people who visited the Eco for inclusion in GRDA publications;
• $18 in décor magazines for construction ideas;
• $109 for two sound diffusers which were placed in an open cubicle area to help reduce the effect of multiple employees sitting in one area. Management felt this was a less expensive option than installing sound absorption panels in the ceiling;
• $9,100 for kitchen necessities (dinnerware sets, flatware sets, beverage sets, napkins, tablecloths, kitchen towels) and décor items (clocks, decorative art, flowers, ceramics) for the ECC and Eco buildings. According to GRDA executive management, some of the kitchen purchases relate to the fact that GRDA rents out
14 This is just one purchase related to these types of items. Other p-card holders were also making similar purchases. Grand River Dam Authority
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One employee charged over $2,300 in a single transaction to their personal credit card instead of using their p-card.
areas of the Eco building for catered events and meetings. Executive management further explained that a large majority of the items are used by employees for catered lunches that increase the productivity of the individuals in the meetings by working through the noon hour.
In addition, we also noted some procedural concerns:
• Original receipts are not always being submitted with reimbursement requests. We noted receipt copies were provided for $7,852 reimbursed purchases. In addition, supporting documentation for $147 in employee reimbursements did not include receipts.
• Unlike other employees, the CEO does not complete the “Business Meals Reimbursement” form. Instead a “Notarized Claim Voucher” form is completed and the meal receipt is supplied with notes documenting who attended and the purpose of the meeting.
• The CEO does not consistently sign the “Notarized Claim Voucher” form. Of the ten forms reviewed, only two were signed.
• Consistent approval of the CEO’s reimbursements does not appear to be occurring. Of the ten forms reviewed, seven reimbursements were not approved.
This type of attitude creates the opportunity for fraud and abuse to occur as well as for animosity among employees to grow.
Recommendation GRDA is a state agency. As such, management and the Board should be cognizant of the perception these types of expenditures create and exercise prudence with the legislative authority they have been given.
Views of Responsible
Officials GRDA will retrain individuals and reinforce the responsibilities involved in the procurement process to verify expenditures are necessary and appropriate in both fact and perception to carry out the mission of GRDA.
Effective Use of P-Card Program
In reviewing $10,154 in reimbursements made directly to five p-card holders during the period January 1, 2009 to March 31, 2011, we identified $7,598 in purchases (kitchen supplies, décor items, iPads, sound machines) which could have been bought on the p-card eliminating the $314 in sales tax that was paid.
In addition, we identified two instances where the travel p-card holder appears to have made hotel reservations for the CEO but did not pay with the p-card. The CEO ultimately paid for the hotel personally and was later reimbursed.
Employees have used their own money for GRDA expenses when other procurement methods were available. This could present an undue hardship on the employees as they wait for reimbursement from GRDA. For example, one employee charged over $2,300 in a single transaction to their personal credit card instead of using their p-card. Grand River Dam Authority
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In addition, many of the items purchased are easily convertible to personal use. Failure to maximize p-card use could impact the rebate amount GRDA receives for using the card.
GRDA policy does address business expenses but does not discuss employee reimbursements.
Recommendation As some employees appear to be receiving reimbursement for non-business expense related items, a policy addressing these reimbursements should be developed. GRDA could implement a policy similar to OSF’s, which is applicable to other state agencies. It allows employees and officials to receive reimbursement for certain miscellaneous emergency purchases or other purchases when normal purchasing procedures cannot occur.
Views of Responsible
Officials Except in emergency or unusual circumstances – approved by the CEO – employees will be directed to utilize the P-Card for valid business expenses.
Authority for Car Allowance
GRDA Board policy 8-1 (see Appendix G) authorizes specific employees to receive a car allowance. This policy is based on 82 O.S. § 864.B which allows the CEO to establish employees’ compensation. During the period of January 1, 2009 to March 31, 2011, according to executive management, nine employees received a monthly car allowance.
We spoke with OPM’s assistant administrator for management services and reviewed various state statutes and attorney general opinions regarding the payment of car allowances. The assistant administrator indicated he was not an attorney and cannot speak to the legality of the payments; however, when other state agencies ask about providing allowances to employees, he recommends the agency just increase the employee’s salary.
We could not locate any statute or attorney general opinions related specifically to providing employees with car allowances; therefore, we cannot speak to the legality of GRDA’s interpretation that a car allowance can be granted as part of compensation.
GRDA may be providing car allowances to employees without statutory authority.
Recommendation We acknowledge GRDA does have the statutory authority to set its employees’ compensation; however, given our discussion with personnel at OPM, we feel that it would be in GRDA’s best interest to obtain an official attorney general opinion addressing car allowances.
Views of Responsible
Officials In 2012, GRDA will conduct a three-month study on executive management mileage and trends. A recommendation will be made to the Board for their review and approval. Upon completion of that study, if it is determined that car allowances would be cost effective for GRDA to continue with selected employees, an official attorney general opinion will be sought.
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We identified potential cost savings of approximately $8,400 had the CEO been provided a car allowance.
Use of Car Allowance
In reviewing travel payments made to employees for the period January 1, 2009 to March 31, 2011, we noted three of the top four reimbursed employees qualified to receive a car allowance as specified by GRDA policy. The highest reimbursed employee, the CEO, does not qualify for a car allowance because his salary is set by statute and GRDA felt providing him with a car allowance would not comply with the statute. Attorney general’s opinions appear to indicate that when it is the legislature’s intent to provide a car allowance to officials with salary limitations, specific statutory authority is granted. GRDA executive management indicated a GRDA car was not provided to the CEO primarily because they did not want to have the appearance that he was using the vehicle for commuting purposes.
Using the map miles and vicinity miles claimed on the CEO’s travel reimbursements, we identified potential cost savings of approximately $8,400 had a car allowance been paid.
The remaining three of the top four reimbursed employees were the COO, the properties superintendent, and the business development and marketing superintendent. Based on information provided by GRDA executive management, it appears the decision not to provide the three employees with a car allowance was the consideration of their circumstances or preference. Although this factor is important, management should also be considering other potential fiscal impacts of providing, or not providing, a car allowance. It should be disclosed that as of May 2011, all of these employees began receiving a car allowance payment.
Recommendation Assuming GRDA obtains an official attorney general opinion authorizing them to pay employees car allowances, the process for determining which employees should receive an allowance should be evaluated. GRDA should continue to use Board policy 8-1 and employees’ circumstances or preferences in making the decision; however, additional fiscal factors should be included in this decision. Such factors could include consideration of the amount of travel reimbursements paid to the employee and the time other employees spend in assisting in the preparation, reviewing and processing of travel payments for these employees.
In addition, considering the amount of travel paid to the CEO, the Board and GRDA executive management should work with the legislature to obtain statutory authority for providing the CEO position with either a GRDA car or a car allowance.
Views of Responsible
Officials As previously mentioned, GRDA intends to conduct a three-month study on executive management mileage trends. The factors cited by the State Auditor will be included in this study. If needed, a solution may be sought from the legislature or with an official attorney general opinion.
Conclusion GRDA has broad legislative authority and has adopted a corporate approach in many of its operations even though they are a state agency managing state assets. GRDA executive management and Board appear to demonstrate a concern for the legality of Grand River Dam Authority
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their actions; however, the appearance and potential effect of their actions may not always be considered.
It is difficult to quantify the impact the actions discussed on the previous pages had on GRDA’s core statutory mission. However, what can be measured is the cultural influence on certain portions of the GRDA employee base. This culture, established by executive management and the Board, has increased GRDA’s exposure to fraud, waste, and abuse and is one of the main factors contributing to many of the observations noted in this report.
Objective 2 - Determine if the current structure of the GRDA is in the best interest of Oklahoma.
Due to the complexity of GRDA’s operations, the Oklahoma State Auditor and Inspector’s Office contracted with Oklahoma City University’s (OCU) Steven C. Agee Economic Research & Policy Institute to perform this objective. OCU’s conclusion and report can be found on the following pages. A response was not sought from GRDA given the nature of their report.
Conclusion Originally established as a conservation and reclamation district in 1935, the GRDA today serves as a significant source of power generation for communities across the state and as the principal agency overseeing natural resource management in Northeastern Oklahoma. The GRDA was modeled after the ideals of the Tennessee Valley Authority and operates with the freedom and flexibility of a private enterprise while enjoying the benefits of a state agency. As a state agency, GRDA enjoys a tax-exempt status for both the organization and its bondholders. The value of the tax-exemption serves as an implicit state subsidy provided to the GRDA by the citizens of Oklahoma. This project was tasked with evaluating whether continued status quo operations are in the best interests of the taxpayers of Oklahoma.
The question is made sufficiently complicated by the inclusion of the word “best” in its charge. The operations of GRDA are almost certainly favorable to many citizen taxpayers of Oklahoma and there are certainly alternative operating structures that would likewise serve the interests of Oklahomans. Defining the best interests of the state as a whole is left, rightfully, to be determined through conversations between policymakers and their constituents.
Should reform be deemed desirable, the logical starting point for further research would be to determine the current size and distribution of the subsidy GRDA currently enjoys and externally evaluate the market value of GRDA assets. If, based on these findings, reform proposals move forward they could entail any number of alternatives to capture the subsidy at the state level including revenue diversion, contracting, and asset divestiture. Each option presents unique challenges and requires careful consideration to ensure avoidance of unintended consequences to the labor force, existing state agencies, and the quality of power service to Oklahoma residents.
At its core, this remains a question of state tax system design. Any reform will have economic consequences that stretch beyond the balance sheet and geographic boundaries of the GRDA. Recovering the subsidy will alter the distribution of tax burdens and benefits to citizens and should be evaluated against reasonable alternatives Grand River Dam Authority
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– including tax reforms that would accomplish the same objectives without significant change to the operating status of the GRDA. Thoughtful conversations, thorough research, and careful considerations of the alternatives are pre-requisites to satisfying the condition that the best interests of the taxpayers of Oklahoma are met.Grand River Dam Authority
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Items for Future Consideration
During the course of the engagement, issues came to our attention that merit consideration. Procedures related to these issues were not performed.
• The Board is asked to address a variety of technical and complicated issues. 82 O.S. § 863.2 outlines the provisions of appointing the Directors and states that five are appointed to serve one seven-year term, while the remaining two Directors serve ex-officio representing their organizations and may serve for undetermined terms.
While we believe a complete review of the statute is warranted, we feel the legislature should specifically review article (J) and consider modifying the terms for the five appointed Directors from seven years to five years. This would allow for the appointment of one Director each year thus providing greater over-site by the governor and legislature.
Additionally, consideration should be given to allowing Directors to serve more than one term if recommended by their appointing authority.
• The legislature should consider if it is in the best interest of Oklahoma for GRDA to continue operating with such broad statutory authority.
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APPENDIX B
SOURCE: GRDA 2010 comprehensive annual financial report – 2010
Dark shading represents GRDA’s district. Grand River Dam Authority
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APPENDIX C
SOURCE: GRDA Board minutes and conversation with the corporate secretary.
NOTE: Board minutes indicate only six directors were appointed during certain periods of time.
Table 5 – Board Director Meeting Attendance
Date
Directors Attending
Attendance Percentage
January 14, 2009
6 of 7
86%
February 11, 2009
Meeting cancelled due to lack of quorum.
February 18, 2009
5 of 7
71%
March 11, 2009
Meeting cancelled because of special meeting held on 2-18-09.
April 8, 2009
6 of 7
86%
May 13, 2009
6 of 7
86%
June 10, 2009
7 of 7
100%
July 8, 2009
5 of 7
71%
July 21, 2009
7 of 7
100%
August 2009
Meeting cancelled because of special meeting held on 7-21-09.
September 9, 2009
5 of 7
71%
October 14, 2009
4 of 7
57%
November 2009
Meeting cancelled due to lack of quorum.
December 9, 2009
6 of 7
86%
January 13, 2010
4 of 7
57%
February 10, 2010
4 of 7
57%
March 25, 2010
5 of 6
83%
April 14, 2010
5 of 6
83%
May 12, 2010
Meeting cancelled due to lack of quorum.
June 9, 2010
6 of 7
86%
July 14, 2010
4 of 7
57%
August 11, 2010
Meeting cancelled due to lack of quorum.
September 8, 2010
5 of 7
71%
October 2010
Meeting cancelled because agenda was light.
November 3, 2010
5 of 7
71%
December 8, 2010
4 of 7
57%
January 12, 2011
4 of 7
57%
February 9, 2011
Meeting cancelled due to lack of quorum.
March 11, 2011
4 of 6
67% Grand River Dam Authority
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APPENDIX D
Standard and Poor’s credit ratings from 2005 through 2011 for GRDA, Oklahoma Municipal Power Authority (OMPA), South Carolina Public Service Authority (Santee Cooper), Lower Colorado River Authority (LCRA), Nebraska Public Power District (NPPD) and GRDA. See below:
YearOMPASantee CooperLCRANPPDGRDA2005A/StableAA-/NegativeA/StableA/StableBBB+/Negative2006A/StableAA-/StableA/StableA/StableBBB+/Stable2007A/StableAA-/StableA/StableA/StableBBB+/Stable2008A/StableAA-/StableA/StableA/StableA-/Positive2009A/StableAA-/StableA/StableA/StableA/Stable2010A/StableAA-/StableA/StableA/StableA/Stable2011A/StableAA- /stableA/StableA/StableA/Stable
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APPENDIX E
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APPENDIX F
Trips made by the CEO to the airport for out of state trips
Date(s)
Trips (Nature of Business)
Map Miles Round Trip
Vicinity Miles
06/15/09 – 06/17/09
Home – Tulsa – Home (airport – APPA Conference)
30
21
10/03/09 – 10/06/09
Home – Tulsa – Home (airport – APPA Conference)
30
25
01/12/10 – 01/14/10
Home – Tulsa – Home (airport – FERC meeting)
30
15
09/21/10 – 09/30/10
Home – Tulsa – Home (airport Accounting Conference Seminar)
30
20
Trips where vicinity miles appear excessive given the nature of business identified
Date(s)
Trips (Nature of Business)
Map Miles Round Trip
Vicinity Miles
CEO
04/28/09 – 04/29/09
Home – OKC – Home (SPP Meeting, Lobby Team Meeting). NOTE: Employee stayed at hotel where meeting was held.
234
55
06/03/09 – 06/04/09
Home – OKC – Home (Court decision meeting and meeting on future claims)
234
43
02/05/10
Office – Afton – Langley – Home (follow up on OKC meeting, retaining wall review, Eco Building)
53
37
Properties Superintendent
07/16/09
Office – Tulsa – Office (FF&E Selection; pick up sample)
132
41
12/01/09
Office – Locust Grove – Office (Monthly Construction Meeting)
86
17
12/23/09
Office – Locust Grove – Langley – Office (Construction check waterline)
86
18
Technical writer and property development assistant superintendent
08/10/10
Home – Locust Grove – Office (Bi-monthly meeting)
86
19
08/11/10
Home – Chouteau – Home (Department of Homeland Security meeting)
68
33
08/25/10
Home – Locust Grove – Home (Spider be gone)
86
19
09/07/10
Office – Locust Grove – Home (Bi-monthly meeting, drop office check at CFC for race for the cure)
86
19
09/08/10
Office – Locust Grove – Office (Scott Rice site visit)
86
19
09/27/10 – 10/01/10
Home �� OKC – Home (CPO Training)
234
164
11/10/10
Home – Tulsa – Office – Home (ECC purchases)
140
33
11/18/10
Office – Tulsa – Home (Purchases)
65
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Date(s)
Trips (Nature of Business)
Map Miles Round Trip
Vicinity Miles
Technical writer and property development assistant superintendent - continued
12/08/10 – 12/09/10
Office – OKC – Home (OKC Office remodel)
269
63
12/13/10
Office – Tulsa – Home (Pick up draperies for ECC)
65
65
12/15/10
Home – Vinita – Tulsa – Home (meeting in Vinita, purchases for Vinita)
140
14
12/16/10
Locust Grove – Langley – Tulsa – Home (meeting with properties superintendent at ECO, attempted to drop off fabric but they were closed)
107
16
12/17/10
Home – Tulsa – Locust Grove- Tulsa – Home – Locust Grove – Home (Drop off fabric for draperies and pick up frames for NERC)
173
68
12/27/10
Home – Tulsa – Home (ECC & ECO Purchasing)
30
73
12/28/10
Home/Office – Tulsa – Home/Office (ECC & ECO Purchasing)
65
37
12/29/10
Home – Tulsa – Office (purchase frames for ECC)
65
29
01/03/11
Office – Tulsa – Office (draperies for ECC)
100
33
01/19/11
Langley – Locust Grove – Tulsa (partition for front desk)
52
22
01/21/11
Tulsa – Locust Grove – Tulsa (ECC purchases, furniture meeting with properties superintendent)
52
28
01/24/11 – 01/27/11
Home – OKC – Home (OKC Office Move, OKC Office Purchasing and Pro Presenters Meeting)
210
300
01/28/11
Tulsa – Locust Grove – Langley (ECC signage meeting and ECC furnishings)
52
44
02/08/11
Tulsa – Locust Grove – Tulsa (Scott Rice furniture meeting)
52
26
02/15/11
Tulsa – Locust Grove – Tulsa (workspace delivery)
52
37
02/23/11
Tulsa – Locust Grove – Tulsa (pest control meeting and NERC meeting)
52
19
Trips where the nature of business was not documented or was vague:
Date(s)
Trips (Nature of Business)
Map Miles Round Trip
Vicinity Miles
CEO
12/18/08
Home – Cushing – Home (not documented)
122
8
03/24/09 – 03/26/09
Home – OKC – Chandler – Home (not documented)
236
62
04/07/09
Home – Tulsa – Home (meeting with Director)
30
18
05/04/09
Home – Tulsa – Home (not documented)
30
24
06/24/09 – 06/25/09
Home – Norman – OKC – Home (not documented)
269
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Date(s)
Trips (Nature of Business)
Map Miles Round Trip
Vicinity Miles
COO
01/06/09
Office – OKC – Office (work in OKC Office)
336
18
01/09/09
Office – Tulsa – Office (meeting with CEO)
132
20
01/15/09
Office – Tulsa – Office (meeting with CEO)
132
12
01/22/09 – 01/23/09
Office – OKC – Office (meeting with KAMO)
336
16
02/18/09 – 02/19/09
Office – Chandler – OKC – Office (board meeting; went to Capitol in OKC)
338
20
02/25/09
Office – Tulsa – Office (Seminole Energy)
132
10
02/02/10 – 02/04/10
Office – OKC – Office (Capitol)
336
40
02/07/10 – 02/11/10
Home – OKC – Office (Capitol)
359
40
02/15/10 – 02/18/10
Home – OKC – Office(Capitol)
359
40
02/23/10 – 02/25/10
Office – OKC –Office – Langley – Office (Capitol and Eco)
370
38
03/01/10 – 03/04/10
Office – OKC – Office – Langley – Home (Capitol and Eco)
370
38
03/08/10 – 03/11/10
Office – OKC – Office (Capitol)
336
40
03/15/10 – 03/18/10
Office – OKC – Tulsa – Vinita (Capitol and meeting with auditors, Tulsa)
339
44
03/22/10 – 03/24/10
Office – OKC – Vinita (not documented)
336
40
03/30/10 – 04/01/10
Office – OKC – Office (not documented)
336
30
04/05/10
Office – OKC – Office (Capitol)
336
36
04/13/10 – 04/15/10
Office – OKC – Office (Capitol)
336
20
04/19/10 – 04/21/10
Office – OKC – Office (Capitol)
336
48
04/26/10 – 04/28/10
Office – OKC – Office (Capitol)
336
58
05/03/10 – 05/06/10
Office – OKC – Office (Capitol)
336
53
05/11/10
Office – Langley – Tulsa �� Office (meeting with CEO)
151
11
05/17/10 – 05/20/10
Office – OKC – Office (Capitol)
336
58
05/24/10 – 05/28/10
Office – OKC – Office (Capitol)
336
68
Properties Superintendent
11/24/09
Office – Locust Grove – Office (Meeting)
86
19
12/21/09
Office – Langley – Office (not documented)
34
12
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COO’s meetings with CEO in Tulsa
Date
COO’s Destination
CEO’s Destination
01/09/2009
Vinita – Tulsa – Vinita
Broken Arrow – Mannford – Cushing – Broken Arrow
01/15/2009
Vinita – Tulsa – Vinita
No travel reported
01/21/2009
Vinita – Tulsa – Vinita
No travel reported
01/30/2009
Vinita – Tulsa – Vinita
Vinita – Langley – Bernice – Vinita
02/05/2009
Vinita – Tulsa – Vinita
OKC – Broken Arrow
02/17/2009
Vinita – Chouteau – Tulsa – Vinita
Broken Arrow – Chouteau – Pryor – Broken Arrow
05/11/2010
Vinita – Langley – Tulsa – Vinita
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Additional InformationCEO01/02/09 - 01/09/091/20/2009340.00XApproval not datedCEO12/02/08 - 12/09/081/20/2009928.13XXCEO12/10/09 - 12/18/091/20/2009326.91XXNature of business for 12/18 trip not documentedCEO12/21/08 - 12/24/091/20/2009332.69XXNature of business vague. 12/24 trip indicates "after return from OKC - to CFC & Kerr"CEO12/29/08 - 12/31/081/20/2009240.85XXCEO04/28/09 - 05/01/095/8/2009523.93XRoom rate exceeded CONUS, not documented as actual and necessary nor justified.CEO05/04/09 - 05/08/096/25/2009437.05XXCEO05/13/09 - 05/28/096/25/2009867.60XXXTwo pieces of luggage were reimbursed without justification.CEO06/01/09 - 06/10/096/25/2009339.55XXNature of business vague. 6/1 trip states "Eco Building"CEO06/10/09 - 06/22/096/25/2009514.80XXCEO6/23/20096/25/200950.05XXCEO06/24/09 & 06/25/096/25/2009249.90XXCEO09/14/09 - 09/21/0911/2/2009495.78XXNature of business vague. 9/21 trip states "transmission office"CEO09/22/09 - 09/29/0911/2/2009957.20XXCEO09/30/09 - 10/11/0911/2/20091,401.64XXXXReceipt indicates two pieces of luggage were reimbursed, $200 in taxi receipts, two trips from airport to hotel and two return trips. Claimed mileage to duty station for weekend.CEO10/14/09 - 10/20/0911/2/2009259.65XXCEO10/3/09 - 10/06/094/7/2010362.57XCEO01/27/10 - 02/04/104/7/2010273.10XXCEO02/05/10 - 02/10/104/7/2010138.00XNature of business vague. 2/5 trip states "Eco Bldg" & 2/9 trip states "Pryor CEO02/10/10 - 02/24/104/7/2010416.20XNature of business vague. 2/22 trip states "Eco Bldg".CEO02/24/10 - 03/03/104/7/2010445.76XCEO03/03/10 - 03/10/104/7/2010190.00XCEO03/10/10 - 03/20/104/7/20101,123.85XCEO04/13/10 - 04/17/104/22/2010535.35XXXRoom rate exceeded CONUS, not documented as actual and necessary nor CEO01/04/10 - 01/08/104/22/2010247.90XXCEO01/11/10 - 01/21/104/22/2010526.55XXXRoom upgrade listed as actual and necessary, but not justifiedCEO01/22/10 - 3/25/104/22/2010243.50XXNature of business for 1/25 trip not documented.CEO03/31/10 - 04/10/104/22/2010831.82XXNature of business vague. 3/31 states "lunch mtg", 4/1 states "lunch mtg", and 4/5 "eco building"CEO08/19/10 - 08/26/1010/11/2010428.80XXNature of business vague. 8/19 trip states "Pryor Transmission Office"CEO08/27/10 - 09/09/1010/11/2010419.70XXNature of business vague. 9/2 trip states "OKC - Office"CEO09/10/10 - 09/15/1010/11/2010275.10XXNature of business vague. 9/14 trips states "Eco Bldg" and 9/15 states "OKC Office"CEO09/16/10 - 09/30/1010/11/20101,118.40XXXRoom rate exceed CONUS and designated hotel rate. Documentation indicates designated hotel was full; documentation this is actual and necessary not noted.CEO10/26/10 - 11/02/101/7/2011382.20XXNature of business vague. 10/28 trip states "work out of OKC office"Official's approvalCorrect Per Diem AmountCorrect Lodging AmountSupported by ReceiptsCorrect MilesTravel DatesDate SubmittedAmt PaidEmployee TitleEmployee Signatu
An “X” indicates an error was noted for this item. Grand River Dam Authority
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Additional InformationCEO11/04/10 - 11/10/101/7/2011196.50XXCEO11/12/10 - 11/22/101/7/20111,106.17XXXNature of business for 11/16 to 11/19 trip not documented. Reimbursed for two pieces of luggage without justification.CEO11/23/10 - 12/01/101/7/2011458.40XXNature of business vague for 11/29 trip states "ECO - Vinita"CEO12/02/10 - 12/03/101/4/201181.00XXsuperintendent fiscal services08/16/09 - 08/18/098/19/2009238.42XCEO08/31/09 - 09/10/0912/4/2009940.71XXCEO11/03/09 - 11/13/0912/4/2009317.85XXCEO11/16/09 - 11/23/0912/4/2009297.35XXNature of business for 11/16 trip states "ECO - Langley"CEO11/24/09 - 11/25/0912/4/200959.40XX Nature of business for 11/24 trip states "Transmission Office"business development and marketing superintendent06/19/10 - 06/25/106/30/2010599.44XXPer diem calculated more than 24 hours before event. Luggage receipts did not document number of bagsbusiness development and marketing superintendent06/28/10 - 06/29/106/30/2010170.51Xcertified power line clearance technician07/06/10 - 07/08/107/12/2010103.50Xcertified power line clearance technician07/19/10 - 07/23/107/23/2010195.50Xcertified power line clearance technician08/16/10 - 08/20/108/20/2010195.50Xasst. superintendent generation and marketing systems operations09/16/10 - 08/18/109/2/2010256.17Xasst. superintendent generation and marketing systems operations8/24/20109/2/201062.00Xrelay engineer09/20/10 - 09/23/109/24/2010206.75XCould not validate mileage claimed based on documented informationbusiness development and marketing superintendent01/01/11 - 01/30/112/15/2011607.02XLodging noted as actual as necessary; justification not documented; was approved by CEO.Superintendent Technical02/28/11 - 03/02/113/9/2011142.00XTotals22,458.7233464164An "X" indicates an error was noted for that item.Employee TitleTravel DatesDate SubmittedAmt PaidCorrect Lodging AmountSupported by ReceiptsEmployee SignatureOfficial's approvalCorrect MilesCorrect Per Diem Amount
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APPENDIX G OFFICE OF THE STATE AUDITOR AND INSPECTOR
2300 N. LINCOLN BOULEVARD, ROOM 100
OKLAHOMA CITY, OK 73105-4896
WWW.SAI.OK.GOV